Diginode Networks ("we", the "Company" or "us"), agrees to provide Internet Service (the "Service) to you (the "Subscriber") subject to the Subscriber Agreement (also called the Terms of Service or the "Agreement") and Acceptable Use Policy (the "AUP"). Accepting both documents is essential as the Subscriber must be familiar with their rights and obligations under this Agreement. This policy is to ensure that Subscribers are using the Company's services with due regard to the rights of other Internet users and in conformity with the requirements of the Company's network environment. The Company reserves the right to add, delete, or modify any provision of this document from time to time.

Applying for and the use of the Service constitutes acceptance and agreement to the Agreement and the AUP in their entirety. The Service is provided subject to the provisions of this Agreement and the AUP.

This Agreement, and all disputes in regards to, shall be construed in all respects in accordance with the laws of the Province of British Columbia. Use of the Service constitutes an acceptance of the Province of British Columbia as proper venue for all disputes.

• Term
  This Agreement will be for a "Term" of 1 calendar month from the date the Service is first provided by the Company. This Agreement will be automatically renewed for a period of 1 calendar month unless you provide the Company with written notice of termination at least 30 days before the end of the Term. To provide your notice of termination, you must submit an email or written notice to the Company (Sales Department) to request the cancellation of your service. We will acknowledge the request by replying in all circumstances. If you do not receive a reply, do not assume that the request has been received.
• Termination
  This Agreement may be terminated under four (4) situations:
  
  1. Termination by the Subscriber or the Company during the Term, without cause, by giving the other party 30 days prior written notice.
  2. Termination by the Subscriber or the Company at the end of a Term if the fee for the Service has changed.
  3. Termination by the Company in the event of nonpayment by the Subscriber as noted in the section below.
  4. Termination by the Company, at any time, without notice, if, in the Company's sole judgment, you are in violation of any terms or conditions of the AUP.
  If you terminate this Agreement, or if the Company terminates this Agreement for your breach, before the end of the Term, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to the Company under this Agreement.
• Payment
  Establishment of this service is dependent upon receipt of the stated charges by the Company. Each additional Payment is due on the first day of the month for that month's service. Any Service that is renewed or initiated within a calendar month is due in that month. All Payments received by the Company from its customers and subscribers are non-refundable.
• Credit Card Payment
  The Company processes credit card transactions at the end each month. The balance on the Subscriber's account is charged to the Subscriber's credit card automatically.
• Monthly Service Fee
  The Subscriber will receive notice from the company if the monthly fee of the Service changes in an upcoming renewal Term. If the Service Fee change for an upcoming Term, the Subscriber can refuse renewal and terminate the agreement after the current Term. The Subscriber acknowledges that Auxillary Fees, such as traffic overage and other Fees set independant to the Service, do not count as Service Fees. A change in Auxillary Fees is not a grounds for termination of this agreement at the end of the current Term.
• Payment Fees
  Payment fees may be charged under the following conditions:
  
  • Late Payment
    Accounts that are not paid by the due date may be subject to USD $10 late payment charge. Service will be suspended on accounts that reach 7 days past due. Service will only be reconnected upon receipt of all amounts due.
  • Credit Card Declined
    For credit cards payments that are declined, the Company will notify the Subscriber for alternate payment instructions. If the Subscriber does not produce the payment equal to the amount declined within 7 days, an USD $10 late payment charge would be added to the account.
  • External Collection
    An external collection agency may take over accounts one (1) month after it has been suspended for non payment. The Subscriber agrees to a collection fee of not less than USD $100 if this procedure is necessary.
• Account Suspension
  The Company may at its discretion temporarily suspend an account due to non-conformance with regards to the provisions contained in the Subscriber Agreement and the AUP. The account suspension does not constitue the termination of the Agreement and therefore does not prevent account renewal. Furthermore, Suspension does not relieve the Subscriber of liability to pay accured charges on the Account.
• Refund and Disputes
  All Payments to the Company are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred to the Company. Do not report disputes related to your account to the credit card issuer unless we agree you to do so. If you dispute a charge to your credit card issuer that, in the Company's sole discretion is a valid charge under the provisions of this Agreement and the AUP, you agree to pay the Company a compensation of USD $100.00.
• Security
  Diginode Networks takes every security violation seriously. Violations of system or network security are prohibited and may result in criminal charges and civil liability in addition to immediate Account Suspension or Termination. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any IP or other network packet or any part of the header information and body in an email or a newsgroup posting.
• SPAM / Unsolicited Commercial Bulk Email
  Spamming, the mass sending of unsolicited messages from or through the Company's network is STRICTLY prohibited. Diginode Networks will be the sole judge as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another service provider, but channel other activities through the Company's network. Violators are charged with a "Spam Fee" of not less than USD $200 and will face immediate Account Suspension or Termination.
• Illegal Activities
  The Company's network may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
• Server and Network Abuse
  Any attempts to undermine or cause harm to the Company's equipment or Subscribers are strictly prohibited. This includes, but is not limited to, breaking out of a virtual system, sniffing on a shared network, ARP poisoning, IP spoofing and flood pinging.
  When abuse results in monetary damage in the form of service outages or extra charges and damages that can be linked directly to the breach upon investigation, the customer may be held liable for these direct damages under law. If the breach is a criminal offense, the Company will notify the appropriate law enforcement agencies of the violation.
• Indemnification
  The Subscriber agrees to indemnify and hold harmless the Company from any claims resulting from the use of our services that damages them or any other party. The service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Diginode Networks expressly disclaims any representation or warranty that the service will be error-free, secure or uninterrupted. No oral advice or written information given by the Company, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Diginode Networks and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the Service.