General

We may amend this User Agreement at any time by posting the revised terms on our Web site. The revised terms of the contract shall automatically be effective after they have been posted on our Web site. Other than by posting of such revised terms on our Web site, this agreement may not be amended or modified except in a written document signed by both parties.

Imagen reserves the right to change without notice the Imagen service, including, but not limited to, access procedures, fees, hours of operation, menu structures, commands, documentation, vendors and services offered.

User’s use of Imagen services shall constitute User’s acceptance of this Agreement. Imagen may modify the terms and conditions in this page without notice. User’s use of Imagen services after such modification shall constitute User’s acceptance of the modifications to this Agreement.

All provisions of Imagen’s Service Agreement (“Agreement”) apply to the User’s Principal Account and any associated accounts billed to the principal account.

The benefits or rights conferred by this Agreement are non-transferable. Use of Imagen accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address.

User agrees to use the service in a manner consistent with any and all Applicable Laws.

In the event that Users account is not used in accordance with all Applicable Laws including, but not limited to, Local, Provincial or Federal Laws, Imagen reserves the right to cooperate with all or any law enforcement agencies.

User agrees to follow the Acceptable Use Policy of any network that User connects to, including Imagen Communication’s system.

If User is less than 18 years of age, Agreement must be signed by a parent or legal guardian who is responsible for all charges related to use of User’s account(s).

Use of Imagen for illegal activities of any kind, including unauthorized use (or attempted unauthorized use) of Imagen Communication’s network, machines or other networks or machines on the Internet, forging header information or user identification information, and software piracy is prohibited.

Bulk or Mass E-Mail

Spamming or sending harassing or bulk unsolicited e-mail is prohibited.

Forging header information in e-mail is prohibited.

Email messages which are “spam” originating from Imagen will be canceled by Imagen and the originator may be charged for the cost of cleanup and responding to complaints.

For more information on Imagen’s e-mail policies, see the more detailed User Agreement posted below.

Usenet Newsgroups

Imagen places no content restrictions on newsgroups except that (a) no illegal content is permitted and (b) each newsgroup sets its own policies about what are appropriate topics for discussion.

Spamming (as defined in this publication) to newsgroups is prohibited

Sending mass unsolicited email is prohibited. Mass unsolicited email is defined as any email sent to a group of email addresses where the recipients have not specifically requested information or a response.

Commercial advertisements are off-topic in virtually all Usenet newsgroups (exceptions include the biz.* hierarchy).

Newsgroup articles which are “Spam” originating from Imagen will be cancelled by Imagen and the originator may be charged for the cost of cleanup and responding to complaints.

Spoofing & Forgery

Posting articles with forged header information (e.g., a falsified “From:” field) is prohibited. Use of anonymous re-mailers is acceptable use, so long as the use is not otherwise illegal.

Hosted Websites

Use of web pages must comply with all applicable account features and/or limitations for reselling, storage, file transfer allowances, FTP access, advertising purposes and any State, Federal or Local laws which may apply or take precedence over online publishing requirements.

Reselling Web Space.

Reselling of any form of storage space assigned to the user is prohibited unless permitted in the User’s current Web Plan.

Use of your own Imagen web space to host a web presence for your clients is not permitted unless specified in the User’s current Web Hosting Plan.

Copyright Infringement:

Use of text, images, sounds, programs or any material created by others without their permission is an infringement of the Copyright Act and is prohibited.

Copyright law protects works of many different formats, including traditional formats such as books, paintings, plays and written music. Copyright law also protects works including computer programs, architectural works, photographs, video tapes, maps, charts, choreography, and films, multimedia and works in electronic format.

User hereby agrees that any material submitted for publication on Imagen through User’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on Imagen services.

File Transfer & Web Site Traffic Allowances

Web Sites may not exceed the data transfer allowance posted on the current web hosting rates sheet during any billing period . All accounts that reach this monthly limit prior to the end of any billing period will be charged the appropriate fee for the excess data transfer. Traffic allowances are applied on a monthly basis and do not accrue. Any unused portions can not be transferred to the next billing cycle or to the allowance of any other user or site on the Imagen network. Users requiring additional traffic should contact Imagen Communications

Adult Oriented Web Content

All adult oriented material should have warning and disclaimer pages, including password protection, and must comply and offer access in a manner consistent with any and all Local, Provincial or Federal Laws.

Imagen Web Accounts or Web Hosting Plans may not be used for the storage, use or transfer of any pornographic text, images or content, the use of any Web Hosting Plan or Account for these purposes will result in the immediate termination of users account.

Publicizing Client’s Webs

Imagen Communications publicizes a list of it’s client’s websites for the purposes of making the site addresses available to the Internet search engines. This list is displayed at http://www.imagen.ca/Clientsites/clientsites.asp . It is the responsibility of the client to inform Imagen Communications if they do not wish their website to be included in this list.

Internet Relay Chat

Use of IRC bots or storing them on Imagen’s servers is prohibited. Impersonating other users by forging one’s email address is prohibited.

Flooding, cloning, spoofing, harassment, or otherwise hindering the ability of others to properly use IRC is prohibited.

FTP Sites

Reselling FTP space is prohibited unless user has applied for and completed an agreement for same with Imagen Communications and said document has been executed by both parties.

Files containing adult-oriented material must comply and offer access in a manner consistent with any and all Local, Provincial or Federal Laws.

Files containing pornography may not be stored on Imagen’s FTP server.

Using Imagen’s FTP server for the exchange of pirated software or software designed to facilitate copyright infringement, unauthorized use of computer systems, credit card fraud, or other illegal activity is prohibited. See the user agreement details below for more information.

Storage/Transferring of Files

Storing, transferring, or allowing to be transferred (this includes FTP, HTTP or any other means or protocol) any internal Imagen file or material that is not located in the user’s own directory structure and owned by the user is prohibited. This includes, but is not limited to, sending via ftp, allowing outside access to, mailing, or otherwise giving access to any file that is not owned by the user.

Hacking/Cracking software, utilities, or files

Any program, utility, or file that can be used to allow unauthorized access or gain unauthorized information about a computer, network, or file is prohibited.

Storage of these archived programs, software, utilities, or files in an archived format and only for personal use or download is acceptable. Removing such files from their archived or compressed state, attempts to run and/or attempting to compile or use such software is prohibited.

Lost or Compromised Passwords

User is responsible for all use of User’s account(s) and confidentiality of password(s). Imagen will suspend access or change access to User’s account(s) immediately upon notification by User that his her password has been lost, stolen or otherwise compromised. A service charge will apply. Imagen is not liable for any usage and or charges prior to Imagen making the necessary account alteration.

Accessing Imagen’s network via other services

User is responsible for all local and long-distance telephone charges for connecting to Imagen. User is also responsible for charges incurred by User’s paging company when used in conjunction with Imagen.

Payment for Services Used

User agrees to pay Imagen all charges relating to the use of User’s account(s) according to rates and prices published on Imagen’s public website at the commencement of the current billing period, including, if any, account process, activation or sign up fees.

User is responsible for charges at the time the service is ordered and the “anniversary date”, and Imagen may apply the amount due to User’s account or credit card at any time. In particular, monthly charges due on an anniversary date falling on a weekend or holiday may be charged before that weekend or holiday.

Changes to Rates & Fees

Imagen reserves the right to change charges, fees or prices without prior notice – changes are effective immediately on publishing.

Failure to Pay

Imagen reserves the right to suspend access to service for User’s account(s) upon an indication of any credit problems including delinquent payments or rejection of any credit card charges.

Termination due to harmful activities by User

Imagen, at its sole business judgment, may terminate this membership Agreement immediately or suspend User’s access to the service upon any breach of this membership Agreement by User, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Imagen, that User may be performing activities harmful to Imagen or it’s users, employees, vendors, business relationships or any other users of the Internet.

Service is provided on a best efforts basis

The Imagen service is provided on an “as is, as available, best efforts” basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Imagen service or any information or software service therein. This in no way includes any reimbursement for losses of income due to disruption of service by Imagen or its providers. No refunds or credits or long-distance telephone charges for connecting to Imagen shall be paid due to disruption of service by Imagen, its providers or any network connected to the Imagen network.

Neither Imagen nor its Information Providers are responsible for any damages arising from the User’s use of Imagen or by User’s inability to use Imagen service.

Backing up is User’s responsibility

Imagen is not responsible for User’s personal files residing on Imagen. User is responsible for independent backup of his/ her data stored on Imagen services.

Security is User’s responsibility

Imagen does not screen or filter any data packets sent to or requested by the User. The User is responsible for maintaining an adequate level of security on their own machine against viruses or malicious or unauthorized entry.

Netiquette

The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by Imagen and will result in termination of the Users account(s) should the investigation determine User to have originated or transmitted these types of traffic.

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 6 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).

(b) Email Spamming – Sending unsolicited mass emailings (i.e., to more than 6 users) which provoke complaints from any of the recipients.

(c) Engaging in either (a) or (b) from a provider other than Imagen and using an account on Imagen as a mail drop for responses.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Imagen.

(e) Impersonating another user or otherwise falsifying one’s user name in Email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(f) Use of IRC “bots” on Imagen, whether on our IRC server or any other. Such software may not be stored on Imagen.

Cleanup Costs after Violation

Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Imagen.
Timely Payment for Services

Service fees must be paid on a timely basis to maintain User’s membership privileges. Service fees will continue regardless of User’s use unless and until User notifies Imagen as outlined in this User Agreement that User wishes to cancel it’s membership, which User may do at any time, unless bound by a specific term or agreement.

Service Fee payments more than 15 days late may be assessed a 10% late payment charge.

The User is in default of this Agreement if Imagen does not receive a payment on or before the due date of the last invoice issued.

Authorization for Payments

When paying by credit card, User expressly authorizes Imagen to debit credit card account for the amount of owing on the account.

When paying by credit card and/or cheque, User expressly authorizes Imagen to debit User’s checking account for the amount of a declined credit card charge or check returned unpaid by User’s bank, plus up to a $25 returned check fee.

Cancellations & Refunds

In the event of deactivation or cancellation of service on or after User account anniversary date, User is responsible for the full current month’s charges. Imagen will not prorate service fees for partial billing period usage or bill for a period less than one month.
A cancellation is effective on the “Billing Date”. Cancellations received on or after Users account anniversary date shall result in the deactivation of Users account on the next “Billing Date”. User shall retain all account access and user privileges through the end of User’s account paid billing period.

A written Notice of Cancellation must be submitted by mail or in person at Imagen’s premises or faxed to (250) 537-5820 . Cancellations must include User’s full name, handwritten signature, User login name and User password or the account will not be cancelled and billing will continue until an appropriate cancellation notice is received.
Refunds for the full amount of unused services paid-for will be issued to any user within the following guidelines.

(a) Cancellations received up to the first 7 days of service from service anniversary date for any reason will be issued a full refund for all unused services that have been paid for. NB: Setup fees are not refundable.

(b) Cancellations received after the first 7 days of service from the service anniversary date and prior to the second months anniversary date of users account will receive a full refund for all services that have been paid-for, but only in the event that user, with the assistance of the Imagen technical support personnel, was unable to connect or log onto the Imagen network.

(c) Cancellations of annual accounts received on or after the second months anniversary date of users account will not receive any prorate or refund for service fees paid.

(d) Cancellations of annual accounts received prior to the second months anniversary date may receive a refund. In such cases the entire account usage from the start of the current term will be charged as if it were a monthly account and a processing fee of $50 +tax will also apply.

Failure to use an account(s) does not relieve the User of payment obligations, except as specifically provided in this Agreement.

In the event the User defaults on this Agreement, Imagen may suspend or revoke the User’s membership privileges and the User may have to re-apply for membership at the price Imagen is charging to new members. The User, if bound by a specific term or service order agreement, agrees to pay Imagen’s reasonable attorney’s fees and court costs, where permitted, in collecting any amounts remaining in the User’s service order agreement.

Communication systems are subject to degradation of service from phenomena such as so-called “Line-Noise” interference and other causes beyond the reasonable control of Imagen. As such Imagen shall not be responsible or liable for the quality or maintenance of Users communication equipment or services nor will Imagen offer credits or refunds for service due to such phenomena or fluctuations in service quality.
Imagen may assign this order, its rights hereunder and its ownership of said service and commitment at anytime without notice.
In addition to any price specified herein, User shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished hereunder or to their use by Imagen or any other network.

Imagen will maintain a technical support staff available on a first-come, first-served basis during it’s business hours for all configuration and operation questions pertaining to Internet software provided by Imagen. Imagen will provide technical support for all of Imagen provided Internet software based upon Imagen’s knowledge of said software. Imagen support is not responsible for User’s hardware or operating system integrity, configuration or operability and will not provide support on such items.

Imagen reserves the right to collect damages (software, hardware & man hours) if any harm is done to Imagen by user which requires repair or reconfiguration of any kind.

Imagen may from time to time offer a trial period during which the User may cancel membership without incurring any costs. It is the responsibility of the User to contact Imagen to cancel during the trial period and receive verification that cancellation has occurred. Failure to use an account does not constitute cancellation.

Imagen may from time to time offer credits to users who refer additional users who sign up for and keep Imagen accounts through at least six months, provided that the new users who are signing up mention at the time of sign-up the identity of the user who referred them.

Imagen does not offer unlimited usage dialup connections.

Users may be disconnected after 15 minutes of inactivity. User agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the User is actively using it, and not provide public services over the connection. Imagen reserves the right to impose a restriction on accounts it deems to be in violation of these conditions.

Imagen reserves the right to delete User’s personal files after one or both parties terminates Agreement.

Imagen reserves the right in its sole discretion to delete any information entered into the Imagen network by User. Imagen and its authorized representatives shall have the right, but shall not be obligated, to edit publicly viewable information.

The User is in default of this Agreement if any User covered by this Agreement fails to obey an Imagen rule or regulation.

Non-enforcement of any section of this Agreement does not constitute consent and Imagen reserves the right to enforce this Agreement at its sole discretion.

If any one or more paragraphs in this Agreement is found to be unenforceable or invalid, User’s and Imagen’s agreement on all other paragraphs shall remain valid.

This document and the rights and duties of the parties shall be governed by and interpreted according to the laws of the Province of British Columbia.

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