1. Autobahn Access Corporation (AAC) will provide to the User named on this application form accessibility to AAC’s computer network for the purpose of connecting to the INTERNET and to the storage of related computer data, via the User’s computer modem or similar device, subject to availability and the conditions set hereafter.

2. The User shall use his or her own UserID and password when logging on to AAC and not make them available to anyone else. This AAC account is provided for the registered User only, and the User may only login once during any given time.

3. The User will be responsible for all sessions conducted under his or her UserID and password.

4. The User will be responsible for maintaining the confidentiality of his or her own UserID and password. The User must immediately notify AAC to change the password, if he or she becomes aware of, or suspects, any other person or persons using his or her UserID and password.

5. Any sessions conducted through AAC’s computer network must be conducted in a proper and lawful manner of all governments having jurisdiction over the INTERNET in addition to AAC’s guidelines, terms and conditions.

6. AAC will not be held responsible for any material found on the INTERNET. It is recommended that parents or guardians supervise minors (children under the legal age) use of the INTERNET.

7. The privileges granted with this account may not be resold either for profit or non-profit without express written permission by AAC.

8. AAC makes no warranties either written or implied, nor representations, of any kind for the service it provides.

9. It is acknowledged that the INTERNET is prone to failure, breakdowns, and uncontrollable outages that may not be remedied immediately.

10. AAC makes no warranties or guarantees that, in the event of INTERNET failure resulting in loss or damage to the User’s programs or data, User files left on the AAC computer will be restored. The User will be responsible for making backups of his or her own data files.

11. AAC will not be held responsible for any loss or damage as a result of INTERNET failure or outages or by defects in the programs provided by AAC.

12. AAC will not be held responsible for any defects or failures in the User’s programs and programs located on the INTERNET.

13. Any copyright or intellectual property right violations which arise as a result of storage or processing of any of the User’s programs or data on or through AAC’s computer network, the User will be held accountable for and will indemnify AAC against any claim(s) by third parties for the alleged infringements.

14. The User’s programs held in storage on AAC’s computer network will remain the property of the User. AAC may at its discretion make backups of the data held on its network and inspect the data in the event of a breach of this agreement or investigation of malice by the User.

15. Users Shall Not:

.1 store or transmit anything deemed to be offensive, obscene, defamatory or illegal on AAC’s computer network.
.2 by any means seek or try to seek another User’s personal identification, UserID, password, data files, and programs.
.3 interfere with data files and programs maintained by other Users on the network.
.4 by any means seek or try to seek AAC’s data files, programs except those permitted by AAC.
.5 interfere with data files and programs maintained by AAC.
.6 develop programs that may cause damage or maliciously impacts on AAC and INTERNET Users.
.7 exceed the 10-megabyte disk storage unless additional disk space is purchased in advance from AAC.

16. The User shall be restricted to the rules governing WEB traffic as setout from time to time by AAC. Web pages in excess of these thresholds will be considered commercial sites and will be subject to AAC’s current commercial WEB site rates. The current threshold limits can be found at http://www.autobahn.mb.ca.

17. AAC reserves the right to refuse access, either to its computer network or the INTERNET, to any User.

18. AAC reserves the right to cancel the services it offers to any User by refunding the unused portion of the service charge.

19. AAC reserves the right to, at its discretion, to limit the hours of access, the total number hours of access, disk storage, and memory available to the User at any time.

20. Service charges are to be prepaid 30 days in advance or risk being in default. All billing invoices will be sent to your email account at AAC. A User’s account may be deactivated if payment is not received within 3 business days and a $5.00 fee will be charged for reactivation. A $25 late fee plus a monthly interest rate of 2% will be accrued to any account, which is unpaid, or at default. An account in default will be reactivated once all payments are settled.

21. A charge of $25.00 will be added to the User’s account for NSF (non-sufficient funds) cheques or declined credit cards.

22. Rules and regulations that govern pre-authorized credit card and chequing accounts are in effect. The User may cancel pre-authorized credit card or chequing account payments at any time, by giving notice in writing to AAC.

23. Any accounts that are being converted from one service level to another must be done prior to the next billing date of the account in which the new service and charges will take effect. A downgrade in a service will require a $5.00 service fee. The following will be considered downgrades; a yearly service switched to a monthly and/or a switch from a higher hourly package to a lower hourly package.

24. There will be no refunds on any prepaid, monthly or annual accounts.

25. Any accounts purchased via or due to special promotions (including sale price), or price incentives, will be final sale and as such no refunds will be available.

26. Cancellation of services requires notice in writing or by e-mail 30 days in advance for all accounts. Monthly or yearly accounts will self-renew unless written notice is provided in 30 days in advance before the end of the term. Usage of the account in any unpaid month remains payable to AAC at all times. Unpaid balances are subject to a $25 processing fee after 45 days.

27. These Terms and Conditions may be amended from time to time by giving 30-day notice by e-mail or via notice on AAC’s home page at http://www.autobahn.mb.ca.

Breach of any of the above terms and conditions may lead to the termination of this account without refund. Autobahn Access Corp. reserves the right to amend the terms and conditions outlined here by its board of directors. Registration of this account carries with it no warranties written, verbal or express in any form.