Services Agreement

Internet Services Agreement

This is a contract between you and 508896 Alberta Ltd. operating as NETAGO Wireless. It spells out the terms and conditions which apply to your use of the Internet access and related services provided by NETAGO Wireless (the "NETAGO Wireless Internet Services") for the service plan that you have selected.

In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by NETAGO Wireless, its affiliates or partners (the "NETAGO Wireless Sites") may be subject to additional terms, policies and rules contained within the NETAGO Wireless Sites or otherwise made available to you.

By opening a NETAGO Wireless Internet Services account under your name or by using the NETAGO Wireless Internet Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE THE NETAGO Wireless INTERNET SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR NETAGO Wireless INTERNET SERVICES ACCOUNT, IF YOU HAVE ONE (see Section 57).

Amendments to this Agreement

NETAGO Wireless reserves the right to amend this Agreement at its sole discretion, at any time. NETAGO Wireless will notify you of any amendments to this Agreement by posting notice of the amendment on its member services web site at http://www.netago.ca, as may be updated from time to time, (the "NETAGO Wireless Internet Services Web Site") or by sending you notice of the amendment via e-mail to your primary NETAGO Wireless e-mail address. You agree to go to the NETAGO Wireless Internet Services Web Site regularly in order to be aware of any amendments posted on such site and your continued use of the NETAGO Wireless Internet Services following any amendment shall be deemed to be your acceptance of the amended Agreement. If you do not agree to any amendment, you must immediately terminate your NETAGO Wireless Internet Services account (see Section 57).

Your Account

You represent and warrant that you have reached the age of majority (at least 18 years of age) in the province of Alberta and that you possess the legal right and ability to enter into this Agreement and use the NETAGO Wireless Internet Services in accordance with this Agreement.
As the NETAGO Wireless Internet Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify NETAGO Wireless, by means specified on the NETAGO Wireless Internet Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to NETAGO Wireless, as requested, to stop and/or remedy any breach of security.

Customer Information

You acknowledge that you have read the NETAGO Wireless Privacy Policy at http://www.netago.ca, as it may be updated from time to time (the "NETAGO Wireless Privacy Commitment"). You hereby consent to the collection, use and disclosure by NETAGO Wireless and its agents of your personal information collected in connection with provision and/or use of the NETAGO Wireless Internet Services (whether previously collected or to be collected), solely for the purposes identified in the NETAGO Wireless Privacy Commitment.
You agree to provide true, current, accurate and complete customer information as prompted by NETAGO Wireless' registration processes or as otherwise requested by NETAGO Wireless or its agents and you agree to promptly notify NETAGO Wireless, by means specified on the NETAGO Wireless Internet Services Web Site, of any changes to this information as required to keep it current, complete and accurate.

Billing and Payment

You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the NETAGO Wireless Internet Services through your account, in accordance with the rates and billing policies established from time to time by NETAGO Wireless that are applicable to the service plan which you have selected. Such rates and policies will be posted on the NETAGO Wireless Internet Services Web Site or otherwise made available to you by NETAGO Wireless. NETAGO Wireless shall begin charging you on the date that you subscribe for the NETAGO Wireless Internet Services, unless otherwise specified by NETAGO Wireless.
Rebates or service credits applicable to fixed term agreements, if available, are described on the NETAGO Wireless Internet Services Web Site.
Available billing and payment options may vary depending on your location (your "Customer Access Location") or service plan, and NETAGO Wireless reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If charges are included on your NETAGO Wireless invoice, such charges are due on the due date shown on such invoice. If payment is not received by NETAGO Wireless by this due date, interest shall accrue on the outstanding amount at the rate shown on the invoice or, if no rate is shown on the invoice, at the simple interest rate of 2.00% per month (26.82% compounded annually). If a pre-authorized bank (or other financial institution) account debit (a "Bank Account Debit"), where applicable, is returned unprocessed to NETAGO Wireless, NETAGO Wireless reserves the right to apply a returned payment fee of $20.00, plus applicable taxes, to your account.
Your right to use the NETAGO Wireless Internet Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize NETAGO Wireless or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and NETAGO Wireless does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by NETAGO Wireless.
Any failure of NETAGO Wireless to make a bill or statement available to you pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify NETAGO Wireless of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on your bill or statement, such bill or statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release NETAGO Wireless from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to NETAGO Wireless within 90 days of the publication date of the applicable bill or statement.
You agree to pay all costs incurred by NETAGO Wireless in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement including, without limitation, lawyers' fees.

Service Limitations

The NETAGO Wireless Internet Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
Final confirmation of service availability for NETAGO Wireless Internet Services high speed services cannot occur until the NETAGO Wireless Internet Services high speed equipment is installed at your premises. If such equipment is installed by a NETAGO Wireless installer, you hereby authorize the installer to disclose to NETAGO Wireless the necessary information to confirm service availability for your premises.
It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by NETAGO Wireless as being necessary for access to the NETAGO Wireless Internet Services. NETAGO Wireless shall post such minimum system requirements on the NETAGO Wireless Internet Services Web Site or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at NETAGO Wireless' sole discretion.
You are not permitted to operate an e-mail, web, news or other similar server through a NETAGO Wireless Internet Services account, except where such use is expressly permitted under your service plan.
Reverse engineering of the NETAGO Wireless Internet Services high speed service is not permitted. This means that you cannot have a higher upload than download speed.
NETAGO Wireless does not guarantee that the NETAGO Wireless Internet Services will operate with all equipment or software including, without limitation, all Internet applications and appliances.

General Practices and Limits

You acknowledge that NETAGO Wireless may establish general practices and limits concerning use of the NETAGO Wireless Internet Services including, without limitation, the maximum size of any e-mail message that may be sent from or received by a NETAGO Wireless Internet Services account, the maximum disk space that will be allotted on NETAGO Wireless' servers on your behalf, the maximum amount of data that may be sent from or received by a NETAGO Wireless Internet Services account and the maximum number of days that e-mail messages will be stored on NETAGO Wireless' servers. Such general practices and limits shall be posted on the NETAGO Wireless Internet Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the NETAGO Wireless Internet Services and may be set at different levels for different users based upon factors that may be determined in NETAGO Wireless' sole discretion. NETAGO Wireless reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.

Service Installation

Installation options available for NETAGO Wireless Internet Services high speed service (e.g. customer self-installation, NETAGO Wireless installation without a network interface card ("NIC"), NETAGO Wireless installation with a NIC) will depend upon your Customer Access Location and your service plan. Not all installation options are available at all Customer Access Locations or with all service plans.
Extra charges shall apply to all services not included in NETAGO Wireless' standard installation options.
You authorize NETAGO Wireless, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the NETAGO Wireless Internet Services. Access to your premises will be at a time that is mutually convenient for you and NETAGO Wireless.
The standard installation configuration for NETAGO Wireless installation or self-installation of the NETAGO Wireless Internet Services only includes the installation of the high speed radio to 1 stand alone computer or non-networked server.
All site visits will involve a minimum charge for moves, changes, rearrangements or re-installations of a high speed service, unless otherwise specified by NETAGO Wireless.
You authorize NETAGO Wireless, its employees, agents, contractors and representatives, to install networking equipment both interior and exterior to your premises as required to provide services. Installation practices will be agreed upon between the NETAGO installation personnel and you at the time of installation. In no event will NETAGO Wireless be responsible or liable for any claims, damages, or expenses arising from the installation of the network equipment.
In no event will NETAGO Wireless be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the NETAGO Wireless Internet Services is missed, either by NETAGO Wireless or by any third party installer.

NETAGO Wireless Equipment

The high speed radio and associated components are provided for your use as part of the NETAGO Wireless Internet Services high speed service. This equipment becomes the property of you at the completion of the installation.

Customer Equipment and Software

The NETAGO Wireless Internet Services high speed service must be connected to a suitable NIC installed at your premises. If you are supplying and installing the NIC yourself, you must install the NIC as appropriate prior to the installation of the high speed radio. Alternatively, if you purchase the NIC along with installation of the NIC from NETAGO Wireless when ordering the NETAGO Wireless Internet Services, you must ensure that there is a suitable free NIC slot available in your computer prior to arrival of the NETAGO Wireless installer at your premises. NETAGO Wireless will not remove NICs from or rearrange NICs in your computer.
You are required to show that your computer is functioning properly prior to NETAGO Wireless doing any work on your computer, where applicable.
You agree that NETAGO Wireless is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the NETAGO Wireless Internet Services or from other services provided at your premises. NETAGO Wireless recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any NETAGO Wireless Internet Services high speed equipment or software.
You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, NETAGO Wireless is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the NETAGO Wireless Internet Services.

Software Supplied by NETAGO Wireless

You agree that any and all software and documentation that forms part of the NETAGO Wireless Internet Services or that is supplied by NETAGO Wireless, its agents or representatives for use in connection with the NETAGO Wireless Internet Services (the "Software") is protected by applicable intellectual property laws, remains the sole property of NETAGO Wireless or its suppliers and is supplied subject to the terms of this Agreement including, without limitation, the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by NETAGO Wireless. Unless otherwise authorized by NETAGO Wireless or in the applicable Software license, you agree not to:
1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software;
2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software;
3. remove any proprietary notices or labels on or in the Software; or
4. allow any other person or entity to engage in any of the foregoing activities.

Support

The NETAGO Wireless will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the NETAGO Wireless Web Site. Assistance is limited to your problems using the NETAGO Wireless Internet Services and may exclude problems related to certain equipment and software, as specified by NETAGO Wireless, in its discretion. You acknowledge that charges may apply to certain support services, as specified by NETAGO Wireless. NETAGO Wireless cannot guarantee the resolution of any particular problem or NETAGO Wireless Internet Services interruption.
You acknowledge and agree that from time to time NETAGO Wireless may e-mail updates and notices regarding the NETAGO Wireless Internet Services to you.
During the term of this Agreement, NETAGO Wireless will provide on-site support (including, at NETAGO Wireless' option, repair or replacement of equipment that is defective in material or workmanship) for all NETAGO Wireless-owned equipment.

Content Warning

You acknowledge that the NETAGO Wireless Internet Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the NETAGO Wireless Internet Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. NETAGO Wireless recommends that minors using the NETAGO Wireless Internet Services be supervised by an adult.

Acceptable Use of the NETAGO Wireless Internet Services

The NETAGO Wireless Internet Services may be used only for lawful purposes. You agree that you will not:
1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam";
2. maintain a relay service open to the general public;
3. scan or probe another computer system;
4. obstruct or bypass computer identification procedures;
5. engage in unauthorized computer or network trespass;
6. engage in denial of service attacks;
7. post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component;
8. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
9. post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of NETAGO Wireless or any third party; such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation;
10. post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats;
11. engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQ's, policies, rules or guidelines of NETAGO Wireless or other parties, disrupts or threatens the integrity, operation or security of the NETAGO Wireless Internet Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgement of NETAGO Wireless, is otherwise objectionable;
12. otherwise violate NETAGO Wireless' Acceptable Use Policy at http://www.myNETAGO Wireless.com/internet/nv/aup.do, as it may be updated from time to time;
13. use or register NETAGO Wireless' trade-marks, trade names, trade dress, or logos, including without limitation any such trade-marks, trade names, trade dress, or logos displayed on any web site(s) operated by NETAGO Wireless, without NETAGO Wireless' express prior written permission;
14. share, resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the NETAGO Wireless Internet Services or exploit the same for any commercial purposes, except where expressly authorized by NETAGO Wireless; or
15. allow any other person or entity to engage in any of the foregoing activities while using your NETAGO Wireless Internet Services account.
If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 38 above, which involves your account, you agree to immediately notify NETAGO Wireless and provide NETAGO Wireless with assistance, as requested, to stop and/or remedy such violation.
Without limiting any of NETAGO Wireless' rights to suspend, restrict or terminate your NETAGO Wireless Internet Services account as described elsewhere in this Agreement, NETAGO Wireless may suspend, restrict or terminate your NETAGO Wireless Internet Services account without notice if, in NETAGO Wireless' sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 38 above. You acknowledge and agree that NETAGO Wireless shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

Proprietary Rights

You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the NETAGO Wireless Internet Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the NETAGO Wireless Internet Services are owned by NETAGO Wireless, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
NETAGO Wireless does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to NETAGO Wireless or any third party, using the NETAGO Wireless Internet Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to NETAGO Wireless or any third party, using the NETAGO Wireless Internet Services, you have thereby granted NETAGO Wireless a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by NETAGO Wireless to provide the NETAGO Wireless Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
You acknowledge that, except where otherwise specified by NETAGO Wireless, e-mail addresses, IP addresses and personal web page addresses assigned to you by NETAGO Wireless during the term of this Agreement remain the property of NETAGO Wireless at all times.
You understand that the technical processing and transmission of the NETAGO Wireless Internet Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the NETAGO Wireless Internet Services may be subject to "caching" at intermediate locations on the Internet.

Compliance Measures

You acknowledge that NETAGO Wireless has no obligation to censor or monitor use of the NETAGO Wireless Internet Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the NETAGO Wireless Internet Services or the Internet. However, you agree that NETAGO Wireless has the right to, without notice, monitor use of the NETAGO Wireless Internet Services and monitor, review and retain such content, material or information if NETAGO Wireless believes in good faith that such activity is reasonably necessary to provide the NETAGO Wireless Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
In the event that NETAGO Wireless receives a complaint relating to use of the NETAGO Wireless Internet Services by a customer, NETAGO Wireless may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
You agree that NETAGO Wireless may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a NETAGO Wireless Internet Services account, if NETAGO Wireless believes in good faith that such activity is reasonably necessary to provide the NETAGO Wireless Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

Service Changes

You agree that, to maintain or improve the NETAGO Wireless Internet Services or for other business reasons, NETAGO Wireless may change the NETAGO Wireless Internet Services rates, service plan features, e-mail addresses, minimum equipment and software requirements and any other aspect of the NETAGO Wireless Internet Services at any time, without notice or liability, at NETAGO Wireless' sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your NETAGO Wireless Internet Services account (see Section 57).
Notwithstanding the foregoing, NETAGO Wireless will use reasonable efforts to notify you via e-mail to your primary NETAGO Wireless e-mail address, of any material increases in the recurring, regular NETAGO Wireless Internet Services rates for your account.

Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT:
1. ALL USE OF THE NETAGO WIRELESS INTERNET SERVICES IS AT YOUR OWN RISK;
2. THE NETAGO WIRELESS INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
3. NETAGO WIRELESS DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE NETAGO WIRELESS INTERNET SERVICES;
4. NEITHER NETAGO WIRELESS NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA INCLUDING, WITHOUT LIMITATION, ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE NETAGO WIRELESS INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS;
5. NETAGO WIRELESS IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
6. NEITHER NETAGO WIRELESS NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF NETAGO WIRELESS OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE NETAGO WIRELESS INTERNET SERVICES, BY YOU OR ANY THIRD PARTY; AND
7. NETAGO WIRELESS IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE NETAGO WIRELESS INTERNET SERVICES.
NETAGO WIRELESS MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE NETAGO WIRELESS INTERNET SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. NETAGO WIRELESS EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
THE NETAGO WIRELESS WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE NETAGO WIRELESS INTERNET SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY NETAGO WIRELESS OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. NETAGO WIRELESS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.

Limitation of Liability

IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY NETAGO WIRELESS, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE PAYMENT FROM NETAGO WIRELESS FOR YOUR ACTUAL AND DIRECT DAMAGES RESULTNG FROM SUCH BREACH, TO A MAXIMUM AMOUNT EQUAL TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID HEREUNDER BY YOU TO NETAGO WIRELESS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE RELEVANT BREACH.
EXCEPT AS SET OUT IN SECTION 58 ABOVE, IN NO EVENT SHALL NETAGO WIRELESS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "NETAGO WIRELESS ENTITIES" AND EACH, A "NETAGO WIRELESS ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE NETAGO WIRELESS INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE NETAGO WIRELESS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
1. THE PERFORMANCE OF THE INTERNET;
2. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE NETAGO WIRELESS INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
3. THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE NETAGO WIRELESS INTERNET SERVICES;
4. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH NETAGO WIRELESS' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
5. INSTALLATION OR MAINTENANCE OF THE NETAGO WIRELESS INTERNET SERVICES, BY YOU, NETAGO WIRELESS OR THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless each of the NETAGO Wireless Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable NETAGO Wireless Entity, which result from or relate to:
1. access to or use, by you or any third party, of your NETAGO Wireless Internet Services account; or
2. any of your acts or omissions including, without limitation, breach or non-performance of this Agreement and any violation of third party rights.

Term and Termination

NETAGO Wireless Internet Services are available on a month to month basis or under a 1 year, 2 year or 3 year fixed term Agreement. Upon the expiry of a fixed term Agreement, this Agreement will automatically be renewed on a month to month basis, unless you notify NETAGO Wireless at least 30 days prior to the expiry of the fixed term, by the means specified on the NETAGO Wireless Web Site, of your intention to terminate your Agreement or enter into a new fixed term Agreement.
NETAGO Wireless may, in its sole discretion, suspend, restrict or terminate your NETAGO Wireless Internet Services account, effective at any time, without notice to you, for any reason including, without limitation, because:
1. the operation or efficiency of the NETAGO Wireless Internet Services are impaired by the use of the NETAGO Wireless Internet Services from your account;
2. any amount is past due from you to NETAGO Wireless;
3. NETAGO Wireless has received a third party complaint which relates to the use or misuse of the NETAGO Wireless Internet Services from your account; or
4. you have been or are in breach of any term or condition of this Agreement.
You may terminate your NETAGO Wireless Internet Services account at any time by notifying NETAGO Wireless via the means set out on the NETAGO Wireless Web Site. HOWEVER, IF YOU ARE UNDER A FIXED TERM AGREEMENT AND YOU TERMINATE YOUR NETAGO WIRELESS INTERNET SERVICES ACCOUNT PRIOR TO THE END OF THE TERM, OR IF NETAGO WIRELESS TERMINATES YOUR ACCOUNT FOR ANY OF THE REASONS LISTED IN SECTION 56 (a)-(d) ABOVE, YOU WILL BE REQUIRED TO IMMEDIATELY PAY NETAGO WIRELESS A TERMINATION CHARGE, IN THE AMOUNT SPECIFIED ON THE NETAGO WIRELESS WEB SITE. YOU ACKNOWLEDGE THAT THIS TERMINATION CHARGE IS A PRE-ESTIMATE OF DAMAGES SUFFERED BY NETAGO WIRELESS AS A RESULT OF SUCH EARLY TERMINATION AND IS NOT A PENALTY. NETAGO Wireless will process your termination request effective the date your request is received.
Unless NETAGO Wireless has terminated your NETAGO Wireless Internet Services account for any of the reasons listed in Subsection 56 (a)-(d) above, NETAGO Wireless will refund you a pro-rata portion of your pre-paid monthly fee for the month of termination, based on the effective date of such termination.
Termination of your NETAGO Wireless Internet Services account by you or NETAGO Wireless automatically terminates this Agreement.
In the event that your NETAGO Wireless Internet Services account is suspended, restricted or terminated, additional reconnection charges may apply.
NETAGO Wireless shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, NETAGO Wireless shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all e-mail and web page addresses related to your account may be immediately deleted and/or reassigned to other customers.
Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
You agree to return any NETAGO Wireless-owned high speed radios and associated components to NETAGO Wireless within 14 days of termination of a NETAGO Wireless Internet Services account, unless otherwise directed by NETAGO Wireless. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a $1000.00 charge, plus applicable taxes.

General

This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between NETAGO Wireless and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between NETAGO Wireless and you with respect to such matters.
The failure of NETAGO Wireless to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and NETAGO Wireless nor trade practice shall act to modify any provision of this Agreement.
In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and NETAGO Wireless, and the remainder of this Agreement shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the federal laws of Canada and the laws of the province of Alberta. You hereby irrevocably consent to the exclusive jurisdiction of the courts of such province in connection with any matter arising under this Agreement and you agree that the venue for resolution of all such matters shall be in such province. Use of the NETAGO Wireless Internet Services in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section, is prohibited.
All references to NETAGO Wireless web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
NETAGO Wireless may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
This Agreement will enure to the benefit of and bind you and NETAGO Wireless and our respective personal and legal representatives, successors and permitted assigns.
All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
The rights, powers and remedies of NETAGO Wireless in this Agreement including, without limitation, the right to suspend, restrict or terminate any NETAGO Wireless Internet Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to NETAGO Wireless at law or in equity.
The following provisions shall survive termination of this Agreement: Sections 6-11, 25-26, 30-31, 33, 41, 43-45, 48-54, 55, 57-63, 64-75, and any other provisions that by their meaning are intended to survive termination of this Agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between NETAGO Wireless and you as a result of this Agreement or use of the NETAGO Wireless Internet Services.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.