All max isp Inc. service packages are unlimited in use and data transfer. However max isp Inc. may reduce the speed of client services due to excessive use or apply additional fees based on transfer limits. However the services and any products provided or in connection with the service are provided on an "as is", "as available", "best effort" basis without warranties of any kind.
Access to the service
The service is a public service provided by max isp Inc.. Your access to the service is completely at the discretion of max isp Inc. and your access to the service may be blocked, suspended, or terminated at any time for any reason without refund including, but not limited to, violation in whole or part of stipulations of this agreement, actions that may lead to liability for max isp Inc. or disruption of access to other users or networks, and violation of applicable laws or regulations. max isp Inc. reserves the right to revise this agreement at any time and It is hereby agreed and understood that the client must accept and agree to be bound by this agreement as part of receiving the service and each and every time that the service is subsequently used. It is the clients responsibility to review it for any changes each time.
Acceptable use of the service
max isp Inc. supports the flow of information and ideas over the internet. Your access to the service is conditioned on legal and appropriate use of the service. Your use of the service and any activities conducted online through the service shall not violate any applicable law or regulation or the rights of max isp Inc., or any third party.
Respect and dignity
max isp Inc. is committed to ensuring that all customers, the general public and our employees are treated with respect and dignity. As part of our workplace harassment & violence prevention program. The company will not tolerate foul, abusive, or discriminatory acts, language or practices from either its employees or its customers. Under such circumstances max isp Inc. at its sole discretion reserves the right to discontinue service to any customer at any time without remuneration.
The use of the Service for the following activities is prohibited:
· spamming and invasion of privacy
· sending of unsolicited bulk and/or commercial messages over the internet using the service or using the service for activities that invade another's privacy.
Intellectual property right violations
Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including, but not limited to, patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.
Obscene or indecent speech or materials
Using max isp Inc.'s WiFi network to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. max isp Inc. will notify and fully cooperate with law enforcement if it becomes aware of any use of the service in any connection with child pornography or the solicitation of sex with minors.
Defamatory or abusive language
Using the service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
Forging of headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.
Distribution of internet viruses, trojan horses, or other destructive activities
Distributing information regarding the creation of and sending Internet viruses, worms, trojan horses, pinging, flooding, mail-bombing, or denial of service attacks or like matters. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the node or any connected network, system, service, or equipment.
Facilitating a violation of this agreement of use
Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software.
Export control violations
The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to Canadian or U.S. export administration regulations and executive orders.
Other Illegal Activities
Using the service in violation of applicable local, state and federal laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services.
The sale, transfer, rental or sharing of the service to customers, clients or other third parties, either directly or as part of a service or product created for resale is expressly prohibited.
Notice of violations of the AUP
max isp Inc. system requests that anyone who believes that there is a violation of the AUP direct the information to: info.maxisp [at] gmail.com
Agent to receive notification of copyright infringement claims
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the service infringes your copyright, you (or your agent) may send max isp Inc.’s designated agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact max isp Inc.'s designated agent at: info.maxisp [at] gmail.com
You acknowledge (i) that the service may not be uninterrupted or error free (ii) that viruses or other harmful applications may travel through the Service; (iii) that max isp Inc. does not guarantee the security of the service and that unauthorized third parties may be able to access your computer or files or otherwise monitor your connection; (iv) that max isp Inc. is to provide the service with charge is based on the limited warranty, disclaimer and limitation of liability specified in this section and it would require a substantial charge if any of these provisions were unenforceable. The service and any products or services provided on or in connection with the service are provided on an "as is", “where is”, "as available", "best effort" basis without warranties of any kind. all warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by , or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
In the event of any legal action to enforce the terms of this agreement, each party shall bear its own attorney’s fees and costs.
This agreement shall be governed, interpreted and construed according to the laws of the Province of Ontario.
Venue for any legal action by any party to this agreement to interpret, construe or enforce this agreement shall be in a court of competent jurisdiction in and for Owen Sound, Ontario.
You agree to indemnify and hold harmless max isp Inc., its and their suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the service, any materials downloaded or uploaded through the service, any actions taken by you in connection with your use of the service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This section will not be construed to limit or exclude any other claims or remedies that max isp Inc. may assert under this agreement or by law.
This agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. max isp Inc’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall waive or impede max isp Inc.’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by max isp Inc. with respect to such use. This agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and max isp Inc. with respect to its subject matter and supersedes all prior writings or understandings.
If the sustomer is at any time in breach of the requirements of this policy, the supplier may immediately and without notice, and in addition to all other rights and remedies under any services Agreement and at law and in equity, suspend the supply of any or all services to the customer pursuant to any and all services agreement. Any such suspension of the supply of services shall not constitute a termination of the services agreement and shall not excuse the customer from liability to make the payments to the supplier required by the services agreement during the period that the provision of the services to the customer is suspended.
The supply of services pursuant to the services agreement shall resume upon the customer no longer being in breach of the requirements of this paragraph and the payment by the customer to the supplier of any and all costs of the supplier to suspend and restore service and a $500 reinstitution charge. If there is continued breach of this policy by a customer, the supplier may immediately and by written or e-mail notice to the customer, and in addition to all other rights and remedies under any services agreement and at law and in equity, terminate the services agreement pursuant to which the services are provided.
Upon the event of final termination of services max isp Inc. may at its discretion remove any wireless equipment supplied from the premises. Ownership of the wireless network client devices remains the property of max isp Inc. at all times. In the event of termination max isp Inc. will make reasonable efforts to recover its equipment at its own expense. However should the client become non-co-operative or hostile thereby preventing or impeding recovery max isp Inc. reserves the right to charge fees and seek reimbursement for any unrecovered, damaged or outstanding devices. The client acknowledges that it is ultimately their responsibility to ensure that all equipment is returned to max isp Inc. in good working order within a reasonable time frame. Furthermore max isp Inc. shall not be held liable for refund or the repair of any holes, marks or blemishes to the client premises due to the installation, mounting or removal of the equipment.
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