1. Services. The customer requests Prairie Online Internet Services ("Prairie") and Prairie Online Internet Services is pleased to provide to its customer, Dial-up, DSL or other High Speed access to the Internet, Web hosting and other available services (the "Services"), subject to the terms and conditions contained herein. By accessing the Services, you agree to the terms and conditions set out below. If you do not agree with any of the following terms and conditions, you may not access or use the Services. You acknowledge that all services obtained by you over the Internet and charges for such services are your responsibility. Prairie may change portions of this Agreement from time to time upon reasonable notice to you. It is further acknowledged that this Agreement is subject to terms and conditions that may be required by statute, regulation, or CRTC (or other regulatory body) pronouncement. Prairie may disclose any information as is necessary to: satisfy any legal, regulatory or other governmental request; operate the services properly; or protect Prairie or its customers.

2. Payment Terms.

a) Monthly subscribers: You will receive your monthly invoice on approximately the 10th (Billing Date) of each month via your Prairie e-mail account. Note: Pre-authorized debit customers that have chosen to be processed on the 15^th of each month, will receive their invoices on the 5^th of each month. Credit card payments are processed approximately 2-3 days after the Billing Date. Pre-authorized payments are processed on the date specified on your monthly invoice.

 

• Cheques and pre-authorized payments: There will be a $25.00 administration fee applied on any returned payments.

• Credit Card payments: There will be a $10.00 administration fee applied on any declined payments not processed by month end.

 

b) Yearly subscribers: You will receive your renewal notice approximately one month before your account expires via your Prairie e-mail account. All one year pre-paid services are discounted rates and non-refundable.
c) You agree to pay Prairie the applicable monthly or yearly fees and installation fee, referred to herein, plus applicable taxes, incurred in connection with the use of the Services.

3. Customer's Computer. It is your responsibility to ensure that your computer equipment meets the requirements set out by Prairie as may be amended from time to time, that are necessary to use the Services.

4. Limited Warranty.
ALL EQUIPMENT AND SERVICES ARE PROVIDED BY PRAIRIE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. PRAIRIE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICES. PRAIRIE DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES IS FREE OF VIRUSES. ALL REPRESENTATIONS, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.

5. Acceptable Use of the Service by Customer. You agree to comply with the policies respecting permitted and prohibited use of the Service as may be posted from time to time on the Prairie Online Internet Services website at http://www.prairie.ca/aup (the "Acceptable Use Policy"). Without limiting the generality of the foregoing, you agree not to:

a) invade another person's privacy; unlawfully use. Possess, post transmit, or disseminate content which is unlawful, threatening, abusive, libellous, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal, or international law, order or regulation;
b) access any computer, software, data, or any confidential, copyright protected or patent protected materials of any other person, without the knowledge and consent of such person;
c) alter, modify or tamper with the equipment or Services;
d) upload, post, publish, deface, modify, transmit, reproduce, or distribute in any way, information, software, or other material obtained through the Service which is protected by copyright, or other proprietary right, or related derivative works, without obtaining permission of the copyright owner or right-holder;
e) restrict, inhibit or otherwise interfere with the ability or any person to use or enjoy the equipment, the Services or the Internet, including, without limitation: posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature, distributing mass or unsolicited e-mail ("Spamming"), or otherwise generating levels of traffic sufficient to impede other's ability to send or retrieve information;
f) disrupt Prairie's backbone network modes or network services, or otherwise knowingly disrupt the Service;
g) share, resell or provide the Prairie services to any third party, The Services are for personal use only and you agree not to use the Service for operation of an Internet Service Provider business or for any business enterprise in competition with the Service;
h) host an Internet Server at your premises using the Prairie Dial-up, DSL or other High Speed service.

Engaging in one or more of these activities may result in termination of this Agreement.

6. No Liability For Content. You acknowledge that there is certain content on the Internet and other Services which may be offensive to some customers, or which may not be in compliance with all local laws, regulations and other rules. All content accessed by you through the Service is accessed and used by you at your own risk. Prairie assumes no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such content by you. You agree to hold Prairie harmless from all liabilities and expenses related to any breach of this Agreement by you or any other user of your computer or in connection with your or such other users use of the Service.

7. Access to the Customer's PC by Other Users. You acknowledge that when accessing the Internet, there are certain applications that are designed to allow other users to gain unauthorized access to your PC. You assume the responsibility for such matters.

8. Limitation of Liability.

a) In the event of any breach by Prairie, its affiliates or its agents, including any breach of a fundamental term or any negligence by Prairie, your exclusive remedy shall be to receive from Prairie payment for actual and direct damages to a maximum amount equal to the fees paid by you to Prairie in the past three months.
b) Under no circumstances shall Prairie, its affiliates or its agents be liable to you or to any third party for any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Agreement, including your use of the Service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in preparations, or transmission, or failure of performance.
c) Prairie shall not be liable for, and you shall indemnify and save Prairie harmless from and against all suits, claims or judgements howsoever arising out of any of the following:
i. claims for libel, slander, infringement of copyright, trade-mark or other intellectual property rights or contractual rights of any third party or based on any other legal theory howsoever arising from the material, data or other content from your transmissions from using the Services;
ii. any losses, damages, expenses or costs (including legal fees) arising out of or in connection with any claim, or other proceeding based upon a contention that the use of the Equipment or Services by you or a third party infringes any intellectual property rights or contractual rights of any third party; or
iii. claims by those to whom you may provide services.

9. Personal Pages (included with all personal accounts).

a) You may create personal pages on our World Wide Web Server (the "Site"). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips, and related materials (the "Content") for access by a global audience.
b) You warrant that the Content on your Site is suitable for publication, is not libellous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders, and other legal requirements.
c) While it is your responsibility to regulate and control Content, we may decide to suspend or delete your home page without your consent if you violate this Agreement. In addition, if we determine that it is appropriate, we may either (i) issue a warning to you; (ii) suspend your access to some or all of the Services; or (iii) terminate this Agreement.

10. Business or Corporate Pages (included with iNet or web hosting accounts only).

a) You may create Business or Corporate pages on our World Wide Web Server (the "Site"). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips, and related materials (the "Content") for access by a global audience.
b) You warrant that the Content on your Site is suitable for publication, is not libellous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders, and other legal requirements.
c) While it is your responsibility to regulate and control Content, we may decide to suspend or delete your home page without your consent if you violate this Agreement. In addition, if we determine that it is appropriate, we may either (i) issue a warning to you; (ii) suspend your access to some or all of the Services; or (iii) terminate this Agreement.

11. Termination and Expiration. Excluding previously agreed upon service contracts, you may terminate this Agreement at any time by providing Prairie with 30 days written notice of such termination and will take effect at the end of the calendar month. Prairie may suspend or terminate this Agreement at any time in the event that you are in breach of any terms or conditions of this Agreement. You agree that upon termination of this Agreement:

a) you will pay Prairie in full for your use of the equipment and Services up to the date of termination of this Agreement, including all applicable penalties and surcharges. All one year pre-paid services are non-refundable.
b) You will permit Prairie to access your premises at a mutually agreed upon time to remove Prairie's equipment and other material provided by Prairie. You will return or destroy all copies of any software provided to you.

12. Usage of Services after Termination. If for any reason you use the Services past the date of termination, you will be charged at the regular monthly or yearly rate plus applicable taxes, and will be responsible for the payment of this usage.

13. Account Fees. All payments must be received no later than the 20th of each month. Failure to do so will result in the account being in default and may be put on hold until the account is paid in full. If any monthly account is not paid by the end of the month, the outstanding balance will incur interest charges of 2% per month for six months thereafter. If payment is still not received after this time, the balance will be forwarded to a collection agency and the total balance plus all charges incurred by the collection agency will be the responsibility of the customer to pay.

14. Ownership of Addresses. Prairie owns all addresses provided to you, including but not limited to IP addresses, e-mail addresses and personal web page addresses. Prairie may modify or change such addresses at any point in time and shall in no way be required to compensate you for such changes.

15. End User Licenses. You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Service.

16. Multiple Users. You acknowledge that you are executing this Agreement on behalf of all persons who use the Service through your or any other PC. You assume all liability for such use of the Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.

17. Survival. Upon termination of this Agreement, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination, will remain in effect. Without limiting the generality of the foregoing, the provisions of Sections 5, 7,8,9, 10 and 11 shall survive the termination of this Agreement for any reason.

18. Waiver. The failure of either party to insist upon strict interpretation of this Agreement or to exercise any option herein, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.

19. General. In the event that Prairie amends any of the provisions of the Agreement, your continued use of the Services following such amendment shall be deemed its acceptance of such amendments. If you do not agree with any of the amendments to this Agreement, you agree to stop using the Services. This Agreement shall be governed by and construed in accordance with the laws of the province in which your billing address located and the federal laws of Canada applicable therein. This Agreement, the Acceptable Use Policy, and all Schedules attached to this Agreement constitute the entire Agreement and understanding between the parties with respect to the subject matter of this Agreement and supersede and replace any and all prior written or verbal agreements. This Agreement may not be assigned or transferred by you.

20.Toll Saver Service (TSS). Prairie Online has partnered with Provincial Tel to offer their Toll Saver Service (TSS) to qualifying Prairie Online customers. The TSS will provide a 7-digit or 10-digit local number to Prairie Online customers to access this service. The TSS provides customers the ability to make long distance calls without long distance charges using a local number within the Provincial Tel’s footprint. For a list of areas Provincial Tel’s footprint covers, you can go to www.provtel.com/footprint.

                       I.        TSS is offered on a monthly basis from the first of the month to the end of the month. Fees are pro-rated based on the specific sign up date during that month. Subsequent terms of this Agreement will be renewed automatically on a monthly basis without further action by the Customer unless the Customer provides Prairie Online with written notice of non-renewal at least [10] days before the end of the monthly term in which the notice is given.

                      II.        Activation: There will be a $15.00 setup fee per phone line applied to accounts. This includes all new accounts and re-activation of existing accounts. Setup fees maybe waived if a customer pre-pays for a term longer than one month.

                     III.        Cancellations: Customers are required to give a minimum of 10-days notice if they no longer want the TSS active on their phone line. Since the Customer is purchasing the TSS for full monthly terms, if the Customer attempts to terminate Service prior to the end of a monthly term, he or she will be responsible for the full month’s charges to the end of the then-current term. This will include any unbilled charges, all of which become due and payable immediately once the Customer provides notice.

                    IV.        Long Distance Charges:  Prairie will provide the customer with a local (non-long distance) telephone access number based on the phone number the customer asks us to be activated.  If, when they call the TSS local access number the customer is being asked to dial 1, the customer should immediately contact Prairie's Helpdesk to investigate the matter. If a customer inadvertently dials a long distance number to reach our local access number, the customer will be responsible for any and all additional charges and fees applied from their current long distance carrier.