CUSTOMER SERVICE AGREEMENT
1. Before setting up an account with OASIS WIRELESS INC. OASIS SANS FIL INC.
please read the terms and conditions of this Customer Service Agreement before
setting up an account with OASIS WIRELESS INC. OASIS SANS FIL INC. ("OASIS").
The terms and conditions of this Agreement will govern the relationship between
you (the "Customer") and OASIS.
OASIS provides its wireless Internet access services (the "Services") as they
may exist from time to time, to Customers who establish accounts with OASIS. By
establishing an account with OASIS or using any software ("Software") provided,
developed, licensed or owned by OASIS, a Customer agrees to be bound by this
Agreement and to use the Services in compliance with this Agreement and other
OASIS policies posted from time to time on OASIS's website (the "OASIS Website)
at xxx.xxxxxxxxxxxxx.xxx.
OASIS may change or modify or add to the terms and conditions of this Agreement,
the Services it provides and the fees it charges at any time. Such changes,
modification or additions will be effective immediately upon posting on the
OASIS Website. Customers should review the OASIS Website periodically to be
aware of any changes to this Agreement.
2. CUSTOMERS
Users of OASIS's Services must be at least eighteen years old or have the
consent of their parents or legal guardians. Therefore, if the Customer is an
individual, he or she certifies that he or she is at least eighteen years old.
Each Customer assumes all responsibility for the use of the Services and his,
her or its account by underage users.
This Agreement is not assignable by the Customer.
3. CONTACTING OASIS
A Customer may contact OASIS's Customer Service Department as follows:
by telephone at (000) 000-0000
by email at xxxxxxxx@xxxxxxxxxxxxx.xxx
by registered or certified mail at #000-0000 Xxxx Xxxxxxxx, Xxxx. 000,
Xxxxxxxxx, XX X0X 0X0
4. FEES
OASIS's current fee schedule for Services is posted on the OASIS Website. OASIS
may change or modify or add to the fees it charges at any time. Such changes,
modification or additions will be effective immediately upon posting on the
OASIS Website. Customers should review the OASIS Website periodically to be
aware of any changes to OASIS's fee schedule.
5. PAYMENT OBLIGATIONS
A Customer must provide OASIS with accurate and complete billing information
including legal name, address, telephone number and credit card/billing
information and must advise OASIS of any changes to this information within 30
days of the change.
A Customer is responsible for all charges to his, her or its account.
Customers having questions regarding charges to an account should contact
OASIS's Customer Service Department. All charges are considered valid unless
disputed in writing within 60 days of the billing date. Adjustment will not be
made for charges that are more than 60 days old.
Charges are billed to a Customer's credit card each month. OASIS is not
responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges billed by OASIS.
OASIS may, in its sole discretion, suspend or cancel a delinquent account.
Suspension or cancellation of a delinquent account by OASIS will not relieve the
Customer of responsibility for all charges accrued to the date of suspension or
cancellation or for all late charges, collections fees or similar amounts
incurred in connection with the account.
6. SETTING UP AN ACCOUNT
When a Customer sets up his, her or its account, he, she or it must provide a
valid email address and choose a password. Only the Customer and those
authorized by the Customer when setting up his, her or its account are
authorized to use the account. A Customer should keep his, her or its password
confidential. OASIS is not responsible for charges incurred by the unauthorized
use of the Customer's account. If a Customer discovers any unauthorized use of
his, her or its account, he, she or it should contact OASIS immediately at
OASIS's Customer Service Department.
7. TERMINATING AN ACCOUNT
A Customer may terminate his, her or its account at any time upon notice to
OASIS's Customer Service Department. If notice of termination is received from
the Customer at least 5 business days prior to the end of a billing period,
termination of the account will be effective at the end of such billing period.
If a notice of termination is received less than 5 business days prior to the
end of a billing period, termination will be effective at the end of the
following billing period and charges to the account will continue to accrue
until the end of the following billing period.
OASIS may terminate a Customer's account at any time and for any reason
including, without limitation, if the Customer is in breach of this Agreement.
Upon termination of a Customer's account, the Customer will remain liable for
payment of all charges incurred to the date of termination, the Customer will
remain liable under the Indemnity set forth in Section 9 and the Disclaimer and
Limitations of Liability provisions of Section 10 will continue for the benefit
of OASIS.
8. MONITORING USE
OASIS has no obligation to monitor the use of the Services, but OASIS may do so
and it may disclose information regarding the use of the Services if, for any
reason it believes, in its sole discretion, that it is reasonable for it do so
including, without limitation, in order for it to satisfy any legal requirements
or requests, to operate the Services properly or to protect itself and its
Customers.
9. INDEMNITY
The Customer agrees to defend, release, indemnify and hold OASIS harmless from
all liabilities, claims and expenses of any nature or kind including without
limitation reasonable legal fees, arising from the use of the Customer's account
or the use of the Services by the Customer or arising from any breach of this
Agreement by the Customer.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY BY OASIS
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT GUARANTEED AND
ARE PROVIDED ON AN "AS IS" BASIS AND THAT USE OF THE SERVICES BY THE CUSTOMER IS
AT THE CUSTOMER'S OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THE
CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT:
OASIS does not represent or warrant that any Service will be uninterrupted,
error-free or free from viruses or other harmful components.
All conditions, representations and warranties, whether express or implied,
including but not limited to any implied warranty of merchantability, fitness
for a particular purpose or title or non-infringement are disclaimed and
expressly excluded from this Agreement, except to the extent such disclaimer is
prohibited by law.
OASIS is not responsible for the content of the information and material
available through the Internet. OASIS makes no representations or warranties and
gives no guarantees as to the quality, suitability, truth, accuracy or
completeness of any information or materials contained on the Internet. Any
questions regarding any such information or materials should be directed to the
providers of such information or materials.
OASIS will not be liable for any claims arising either directly or indirectly
from the accessing, downloading, installation, use, reproduction of and or
receipt or distribution of any information or material through any Services.
OASIS will not be liable for any direct, indirect, punitive, special, incidental
or consequential damage (including loss of business, revenue, profits, use, data
or other economic advantage) however such damage may arise, whether in tort as a
result of breach of contract, even if OASIS has been previously advised of the
possibility of such damage.
The Customer acknowledges the inherent risks to security, confidentiality and
privacy of wireless communication and agrees that he, she or it is solely
responsible for ensuring the security of his, her or its data and/or equipment
used in connection with the Services and that he, she or it will not may any
claim against OASIS for re-run time, lost data, inaccurate output, work delays
or lost profits resulting from the use of the Services.
11. ACCEPTABLE USE
OASIS's dedication to customer service means that OASIS strives to maintain
Services that provide Customers with an enjoyable Internet experience free from
interference by those who use the Services in an improper or unlawful manner.
Accordingly, OASIS's Acceptable Use Policy as described in this Section is
incorporated in and forms part of this Agreement and all users of OASIS's
Services must comply with it.
A Customer's use of the Services is governed by applicable local, provincial,
national and international laws and regulations, including without limitation
laws relating to copyright, trademark, obscenity, defamation, the right of
privacy, false advertising and fraud. In addition to complying with such laws
and regulations, each Customer is expected to use his, her or its best judgment
and to be respectful of others. A Customer must use his, her or its best efforts
to avoid interfering with the use of the Services by others and to ensure that
he, she or it follows rules of proper conduct.
Although OASIS does not exercise editorial control or review over the content of
any web site, electronic mail transmission, newsgroup or other material created
or accessible by using the Services, it may remove, block, filter or restrict by
any other means any materials that in OASIS's sole discretion, may be illegal,
may subject OASIS to liability, or which violate this Acceptable Use Policy.
OASIS may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.
The following is a list of activities that are violations of this Acceptable Use
Policy. This list is intended to be illustrative, only. It is not exhaustive.
There may be other activities that violate this Acceptable Use Policy. OASIS is
the sole and final arbiter of what is an acceptable use of the Services. Without
limitation, a Customer will be in breach of this Acceptable Use Policy and this
Agreement if he, she or it:
uses the Services to transmit any material (by uploading, posting, email or
otherwise) that intentionally or unintentionally violates any applicable local,
provincial, national or international law or any rules or regulations made
thereunder including without limitation material that is threatening, abusive,
tortuous, harassing, defamatory, libellous, obscene, invasive of another's
privacy or hateful;
uses the Services to harm or attempt to harm children in any way;
uses the Services to make fraudulent offers to sell or buy products, items or
services or to advance any type of scam, financial or otherwise, such as
"pyramid schemes", "Ponzi schemes", unregistered sales of securities, securities
frauds and chain letters;
adds, removes or modifies identifying network, message or article header
information or other identifiers in an effort to deceive or mislead others;
attempts to impersonate any person by using forged headers or other identifying
information provided, however, that the use of anonymous remailers or nicknames
are not in themselves impersonation;
uses the Services to transmit material by (uploading, posting, email or
otherwise) that the user does not have a right to make available to others
whether under any law or any contractual or fiduciary relationships;
uses the Services to transmit any unsolicited commercial email or unsolicited
bulk email or uses deliberately misleading headers in emails sent to multiple
parties;
uses the Services to transmit any material by (uploading, posting, email or
otherwise) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
uses the Services to access or attempt to access the accounts of others, or to
penetrate or attempt to penetrate security measures of OASIS's or any other's
computer software or hardware, electronic communications system or
telecommunications system, whether or not resulting in disruption of service or
the corruption or loss of data;
disobeys any requirements, procedures, policies or regulations of any networks
connect to the Services;
uses the Services to transmit any material by uploading, posting, email or
otherwise that infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any other person;
uses the Services to collect or attempt to collect personal information about
another person without that person's knowledge or consent;
resells the Services without authorization to do so by OASIS; or
uses the Services for high volume date transfers including in particular but
without limitation sustained high volume data transfers or uses the Services to
host a server including without limitation to host a web server or an IRC
server.
12. IN THE EVENT OASIS'S ACCEPTABLE USE POLICY IS VIOLATED
OASIS requests that anyone who believes that OASIS's Acceptable Use Policy is
being violated contact OASIS at OASIS's Customer Service Department and provide
as much of the following information as possible:
the IP address used to commit the alleged violation
the date and time of the alleged violation, including the time zone
evidence of the alleged violation
When reporting a matter regarding unsolicited email please provide a copy of the
unsolicited email messages with full headers, if possible.
Upon receiving notice of an alleged violation OASIS may take such action as
OASIS in its sole discretion may determine including without limitation:
issuing warnings, written or verbal
suspending or terminating the account of a Customer who violates the Acceptable
Use Policy
charge a Customer who violates the Acceptable Use Policy with administrative
costs and/or reactivation charges
bring legal action to enjoin violations and/or to collect damages
