The Terms of Services was last updated on October 29, 2004. Please be sure to review Terms of Services periodically as conditions may change without notice.

Cyg.Net Internet Services Inc. is an Internet Service Provider and use of Cyg.Net facilities by any Customer must be consistent with Cyg.Net policy. The ultimate responsibility for network traffic that does not conform to this policy lies with the individual end-user who originates that traffic and all consequences lie with this individual. Cyg.Net does not assume any responsibility for information transmitted to anyone other than the owner, agent or employee of this company.

The Customer agrees to abide by the local, provincial and Canadian Federal laws and the guidelines set forth in this document.

Dial-up accounts are intended for single use only. Shared accounts and/or multiple logins are prohibited.

Cyg.Net services may be used for lawful purposes only. Transmission, distribution or storage of any information, data or material that is in violation of International regulations, Canadian Federal Law or Provincial law is strictly prohibited. This includes, but is not limited to, any material protected by copyright, trademark, trade secret or any other statute. Cyg.Net reserves the right to discard any illegal material which may be stored on its servers.

The Customer is prohibited from transmitting on or through any of Cyg.Net services, any material that is in Cyg.Net's sole discretion, unlawful, obscene, threatening, abusive, hateful, libelous, or that would encourage conduct that constitutes a criminal offense, or otherwise violate any provincial, federal or international law.

The resale of Cyg.Net products or services is not permitted, unless permission is specifically granted and documented in a written agreement.

A Customer who violates systems or network security may incur criminal prosecution under Canadian federal laws or International laws. Cyg.Net will fully cooperate in investigations with respect to security violations within this site or other sites, including full cooperation with law enforcement agencies in the investigation of criminal activities.

Customers may not attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to accessing data not intended for the Customer, logging into an account or server which the Customer is not expressly authorized to access, or probing the security of other networks.

Customers may not attempt to interfere with the service to any user, host or network. This includes, but is not limited to ping flooding of networks, or deliberate attempts to overload or impede a service or attempts to crash a host.

Customers are prohibited from running software programs or applications that will interfere with or deny service to other users on any server or host.

Cyg.Net provides to business and consumer users several information technology related services, including such service as Internet access, various electronic mail (e-mail) packages and services, World Wide Web Website hosting arrangements, and other online and Internet-related services.

It is contrary to Cyg.Net policy for any user of any of these services to effect or participate in any of the following activities through a Cyg.Net-provided service:

1. To post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists;
2. To post to Usenet or to any other newsgroup, forum or e-mail mailing list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
3. To send unsolicited e-mails to more than twenty-five (25) e-mail users, if such unsolicited e-mails could reasonably be expected to provoke complaints;
4. To falsify user information provided to Cyg.Net or to others in connection with use of a Cyg.Net service;
5. To engage in any of the foregoing activities by using another service provider, but channeling such activities through a Cyg.Net account, re-mailer or otherwise through a Cyg.Net service. Using a Cyg.Net account as a mail drop or otherwise using another service provider for the purpose of facilitating the foregoing activities, if such use of another party's service could reasonably be expected to adversely affect a Cyg.Net service.

Cyg.Net considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings and prohibits these practices. Engaging in spamming will result in the termination of the offender's account and/or access to Cyg.Net's services.

Cyg.Net reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
In addition to these activities, Cyg.Net also prohibits other forms of abuse such as harassment and the posting of illegal or unlawful materials.

Nothing contained in this policy shall be construed to limit Cyg.Net's actions or remedies in any way with respect to any of the foregoing activities. Cyg.Net reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Cyg.Net service, and levying cancellation charges to cover Cyg.Net's costs in the event of disconnection of access for the causes outlined. Cyg.Net reserves at all times the rights and remedies available to it with respect to such activities at law or in equity.

This list is the minimum required hardware and software for optimum use of our services.

Dial up Services

• Pentium 75 Processor
• Windows 98 or Mac OS 7
• 28.8 modem

High Speed Services - DSL or Wireless

• Windows 98 2nd edition, MAC OS 9
• Pentium II
• 32 Meg of RAM
• Network Card<%=printUpArrow%>
  
  
  
  

Cyg.Net is committed to delivering the very best value in Internet service to our Customers.

All unlimited subscriptions are for interactive single sessions only. Multiple concurrent logins, sharing of accounts, 24 hours a day / 7 days a week usage and unauthorized servers are absolutely prohibited, and any such use will be grounds for account suspension and/or termination.

The spirit of our unlimited usage is to allow Customers to use the Internet as much and as often as they wish. But dial-up sessions must eventually be terminated, and after 20 minutes of inactivity the system will disconnect the Customer. This policy ensures access is available to other Customers and reduces network congestion.

Cyg.Net reserves the right to make the judgment whether an account is being used exclusively. If, after sufficient warning, excessive usage is not curbed, restriction, suspension, package change, or termination of the Customer's account may occur without credit of any unused account balances. Excessive usage decreases the quality of service by tying up network resources that other Customers could be using. Cyg.Net will not allow the quality of service to be compromised by abusive and excessive connections.

It is the responsibility of the Customer to notify our office (by telephone, fax or e-mail) of any change in address, telephone, fax number or billing method. It is important that our information is current.

Cyg.Net monthly payment accounts automatically renew upon expiration of the requested term. The auto-renewal will occur unless you request a package change or cancellation, which requires 30 days advance notice.

Block hours will expire once the predetermined time is used in full or within 365 days of purchase, whichever comes first. Block Hours will not be renewed until the Customer purchases more Internet access time. Access can be purchased online.

Once an account has been billed, the balance is due by the 26th of that month and the account cannot be cancelled without 30 days advance notice. Cyg.Net can disable an account at the request of the Customer. If a payment is returned to Cyg.Net (NSF, stopped payment, account closed) the Customer must pay a $25 fee.

If the Customer has chosen to have monthly fees withdrawn automatically from their bank account, funds will continue to be withdrawn on the 26th (or next business day) of each month. If a payment is returned for any reason, the Customer will be charged a $25.00 returned payment fee and the failed payment will be posted back to the account. The Customer will receive a notice indicating the return and will have 5 days to respond. If the Customer does not respond in 5 days, the account will be suspended for non-payment until payment is received in full.

B. Credit Cards

If the Customer has chosen to have monthly fees charged directly to a credit card, monthly fees will be charged to the card on the 26th of each month. If a payment is returned for any reason, the Customer will be charged a $25.00 returned payment fee and the failed payment will be posted back to the account. The Customer will receive a notice indicated the return and will have 5 days to respond. If the Customer does not respond in 5 days, the account will be suspended for non-payment and will remain suspended until payment is received in full.

It is your responsibility to contact Cyg.Net as soon as a new credit card is issued. Payments will be returned to Cyg.Net if the credit card has expired. The Customer will be subject to the returned payment fee of $25.00 if a payment is returned due to expiration or for any other change in the card number.<%=printUpArrow%>

C. Cash or Cheque

Bills are due by the 26th of each month. To avoid automatic disconnection the Customer must ensure that payment is made in full by the due date. If the Customer is unable to make the payment before the due date, they must notify Cyg.Net, and make alternative arrangements. Once an account has been suspended, payment must be made in full before re-activation will occur.

If a cheque is returned for any reason, the Customer will be charged a $25.00 processing fee and the failed payment will be posted back to the account. The Customer will receive a notice indicating the return and will have 5 days to respond. If the Customer does not respond in 5 days, the account will be suspended for non-payment and will remain suspended until payment is received in full.

Both the 15 and 75-hour accounts are for predetermined time limits but are not suspended once time limits are exceeded. All exceeded usage is subject to additional charges of $0.80 per hour. Please note that overtime charges are based on your billing cycle, not necessarily a calendar month and they are billed the month following actual usage. A Customer may check an account by visiting the Website at www.cyg.net and using the Account Status Report.

Package changes can take effect at any point during the billing cycle. All charges will be rated based on the date of the change and will be billed accordingly. It is the Customer's responsibility to specify the change date.

It is solely the Customer's responsibility to notify Cyg.Net 30 days prior of their intention to cancel an account. Non-use of service and/or a stopped payment etc. are not grounds for Cyg.Net to cancel an account. Proper notification is necessary for cancellation. Proper notification is written notification either by fax, letter or e-mail from the Customer to Cyg.Net with a 30 day notice.

Promotional pricing for high speed services requires a service committment of one (1) year from the customer. Should the customer terminate an account within the first twelve (12) months, a $100 DSL or $250 Wireless Early Cancellation Fee will be charged to the customers account as liquidated damages.

There are NO REFUNDS. Money paid to Cyg.Net will not be returned to the Customer unless:

1. There has been a billing error.
2. Cyg.Net is unable to deliver the requested services. Please refer to section 5 regarding minimum required equipment.
3. The customer has been activated with Cyg.Net for no more than 15 days and has been on the Internet for less than 5 hours during those 15 days.

For some SPECIAL circumstances, a customer can apply in writing for a partial refund. Support personnel are not responsible for refunds or the refund policy. The customer must direct their written request to the General Manager, outlining the reasons for the refund. The decision of the General Manager will be final.

Accounts suspended for any reason are not subject to a credit for the unused portion of the billed term. Accounts can be suspended (disabled) for: abusive use, hacking, non-payment, or at the Customer's request. Accounts are suspended automatically once an account is 15 days past the invoice date. In order to remain fully compliant with the Personal Information Protection and Electronic Documents Act, accounts suspended will immediately have their e-mail returned to any sender marked "Unable to Deliver". Once the full payment of the balance owing is processed, the account will be re-activated and e-mail delivery and receipt will return to normal. If a Customer wishes to have the account cancelled, it is subject to the above Cancellation Policy.

* Cyg.Net Policies stated in this document are subject to change at any time without notice.

Upon termination of a high speed account, the DSL modem, along with any telephone and Ethernet cables, DC power supply , telephone filters, or if wireless, the modem, telephone and Ethernet cables, DC power supply, surge protector and antenna are all property of Cyg.Net Internet Services and must be returned in good working condition within 15 days from the cancellation date of services. If the equipment is not returned within the specified time, a $85.00 DSL or $750.00 wireless equipment charge will be applied to the customers account as liquidated damages for unreturned hardware.