General Terms and Conditions

Definitions

"Nine Nine Five" or "We" refers to Nine Nine Five™ , its subsidiaries and affiliates.
"Service" refers to the services provided by us and subscribed to by you and may include, but is not limited to, dial-up Internet access. "You" refers to the person or organization who uses or subscribes to Nine Nine Five 's Service.

General

THIS AGREEMENT SETS FORTH THE GENERAL TERMS AND CONDITIONS THAT APPLY TO THE USE OF ANY NINE NINE FIVE SERVICE BY YOU. BY USING THE SERVICE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST: (I) CANCEL THE INTERNET SERVICE BEING PROVIDED TO YOU BY NINE NINE FIVE, THE WHOLE IN ACCORDANCE WITH THE CANCELLATION POLICY SET OUT IN THE SPECIAL TERMS AND CONDITIONS FOR SUCH SERVICE; AND (II) IF YOU HAVE BEEN PROVIDED WITH A STARTER KIT CONTAINING SOFTWARE FOR USE IN CONJUNCTION WITH THE SERVICE, YOU MUST RETURN THE SOFTWARE TO NINE NINE FIVE WITHOUT DELAY.

IN ADDITION TO THE FOREGOING GENERAL TERMS AND CONDITIONS, YOUR USE OF A NINE NINE FIVE SERVICE SHALL ALSO BE SUBJECT TO THE SPECIAL TERMS AND CONDITIONS GOVERNING SUCH PARTICULAR SERVICE. IN THE EVENT OF ANY CONFLICT BETWEEN THE GENERAL TERMS AND CONDITIONS AND THE SPECIAL TERMS AND CONDITIONS, THE SPECIAL TERMS AND CONDITIONS SHALL PREVAIL. THE SPECIAL TERMS AND CONDITIONS ARE SET OUT IN SECTION II) BELOW.

We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.

Term and Termination

The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term unless terminated by either of us in accordance with these Terms and Conditions.
If you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service. You must provide us with not less than five (5) days' written notice prior to the next billing date to advise us of your decision to terminate the Service agreement.
No refunds will be given for partial terms.
We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.

Your Responsibilities

While using the Service, you must comply with applicable laws at all times. You assume total responsibility and risk for your and your authorized users' use of the Service.
You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service.

After Sales Support

Nine Nine Five offers this affordable dial-up Internet access service without any live technical support services.

Privacy

We collect and use personal information about you and your use of our Services ("Information"): (i) to consider initiating and to initiate, maintain and develop our relationship with you in connection with our offering and servicing of products and services; (ii) to administer billing and accounting services and security measures in relation to your business with us; (iii) to monitor your customer history, evaluate your credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus; (iv) to promote and to market additional products, goods and services offered by us, including by means of direct marketing; and (v) to comply with legal and regulatory requirements.
You consent to our collection from, verification with, communication to, any third party and our and their use of, Information for these purposes. You authorize these parties to give us the Information. You acknowledge that your name, address and telephone number are not considered confidential Information and may be disclosed by us. In addition, you agree that we may disclose Information to: (i) any person who, in our reasonable judgement, is seeking the Information as your agent; or (ii) a person involved directly or indirectly in supplying the Service to you, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to you, and provided that person is required to keep such Information confidential; or (iii) a person retained by us to collect amounts which you owe us or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.
We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you. You understand and agree that, unless we are notified in writing (letter, e-mail or facsimile) to the contrary, we are further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to your dealings with us and our Service.
Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the Privacy Policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by you of the modified Privacy Policy.

Service Rates

The prices for the Service are made available on our web site and are subject to change without notice.

Billing

We will bill you monthly, according to the billing cycle of your Service and in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue charges.

You must bring billing inquiries and disputes to our attention within 30 days of the charge date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.

Payment Terms

Payment shall be made only by credit card (Visa, MasterCard or American Express). We reserve the right to examine your credit record before we provide, continue or reinstate Services to you. You authorize us to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as we may reasonably request for this purpose.

Service Interruption

We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.

Limitation of Liability

The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.
Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.
Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Nine Nine Five"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or our equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Nine Nine Five is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Nine Nine Five has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.

Your Indemnification of Nine Nine Five

You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.

Relationship

The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.

Enurement/Assignment

These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.

Notice

Any notice by you to us shall be submitted in writing by e-mail to: service@995.ca. Please visit our website www.995.ca for additional contact information.

Force Majeure

Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.

Unenforceable Provisions

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province in which your designated billing address is situated, and the Federal laws of Canada applicable in said Province.
The Service originates in Canada and is directed to residents of Canada.
You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Waiver

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.

Note: Product names and terms used throughout these Terms and Conditions are registered or pending trademarks of, or are licensed by Nine Nine Five. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.

II) Service Terms & Conditions

License to Company-provided Software

Your right to use the software provided by us, including any updates, new editions or versions issued by us from time to time, shall be subject to those terms and conditions set out in our Software License Agreement. You hereby acknowledge receipt of the software license agreement with your copy of the software provided by us

End User

You warrant that you are the end user of the software and the Internet Service provided under this Agreement. For the purposes hereof, "end user" shall mean a user whose use of the Software shall be in conformity with the provisions of the "Grant Clause" of the Software License Agreement.

Manner of Use

You agree to use the Service in a courteous and cooperative manner so as to avoid abusing the Service or the custom, Netiquette and user etiquette in place from time to time. You also agree to respect the use of the Internet so that you do not violate the laws or affect the rights of others. You will not misuse proprietary information or property of others for your own purposes or otherwise and will not publish threatening or defamatory materials or any materials otherwise injurious to the business or reputation of others. In particular, without limiting the generality of the foregoing, you shall not do, nor permit any of the authorized users or other third parties to do, any of the following:

1. disclose private communications or disclose confidential information without permission to parties other than the intended recipient;
2. restrict or inhibit any other user from using and enjoying the Internet;
3. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law.
   
4. impersonate another person when posting or transmitting messages;
5. choose a user name for your e-mail address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright or other right holder;
   
6. choose a user name for your e-mail address which is libelous, defamatory, obscene, threatening, abusive or hateful;
   
7. post or transmit any information or software that you are aware contains a virus, worm, or other harmful component;
   
8. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Internet which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
   
9. falsify user information provided to us or to other users of the Service in connection with the use of our Service;
   
10. multiple logins, including, without limitation, logging in simultaneously from home and office, unless expressly provisioned through specific Internet access service packages;
    
11. engage in account sharing, including, without limitation, permitting third parties to use your Internet access account and password;
    
12. engage in line camping, including, without limitation, being connected for excessive periods of time;
    
13. make unauthorized attempts to use or gain access to any account or computer resource not belonging to you;
    
14. use any means or device to obtain, or attempt to obtain, the Services with the intent to avoid the applicable charges;
    
15. use any means or device to gain unauthorized access to, alter, or destroy (or any attempt thereof) the data or information of any other customers and/or their end users;
    
16. engage in any activities that will cause a disruption of the Services (e.g. synchronized number sequence attacks) to other users and/or their end-users;
    
17. engage in any activities that will damage the systems of, or cause a disruption of Internet services to, third parties;
    
18. engage in Spamming or other advertising that is objectionable to us in our sole discretion, including, without limitation, sending unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings provoke complaints from the recipients or posting a single article or advertisement to more than ten (10) Usenet or other news groups or forums;
    
19. post to any Usenet or other news group, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the Charter or other published FAQ, or description of the group or list;
    
20. use the Services in any manner so as to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or discomfort to any person or entity;
    
21. use the Services to post or transmit any chain letter, or letters or messages that offer a product or service based on the structure of a chain letter;
    
22. engage in any of the foregoing activities using the service of another access provider, but channeling such activities through a Company account or re-mailer, or using a Company account as a mail drop for responses; and
23. use the Services in violation of the law, or in aid of any unlawful act, or to interfere with the use and operation of our network.

Remedial Actions for Breach of Manner of Use Provisions

We consider the above practices to constitute an abuse of our Internet Service and the violation of the rights of the recipients of such unsolicited mailings or postings who often bear the expenses arising therefrom. Engaging in one or more of these practices will result in immediate termination of your account. We reserve the right to define, in our sole discretion, conduct that violates the above provisions and guidelines and to deny access at any time to users who breach the above rules or cause other abuses that are disruptive to our subscribers. We reserve the right to implement and take legal and technical steps to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within our proprietary computers and computer network. If we receive complaints from third parties against you for Spamming, sending unsolicited mass e-mailings or any other form of Internet abuse, we reserve the right to charge you with an administrative fee for the handling of such complaints received by us. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including, without limitation, all rights and remedies available to us at law or in equity. Our failure to enforce these policies in every instance does not amount to a waiver of any of our rights. Please review our Internet Abuse Document section for information on Spamming, harassment and unsolicited advertising.

Warning about Sexually Explicit or Other Potentially Offensive Materials

YOU ACKNOWLEDGE THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH YOU MAY OTHERWISE DEEM OFFENSIVE. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK. WE BEAR NO RESPONSIBILITY WHATSOEVER FOR THE EXISTENCE OF SUCH MATERIALS NOR FOR THE ACCESS TO ANY SUCH MATERIALS WHICH MAY BE MADE USING OUR SERVICE. WE ENCOURAGE YOU TO TAKE AN INTEREST IN YOUR CHILD'S ACTIVITIES ON THE INTERNET AND TO LIMIT ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.

Parental Filters

We provide a parental filter with our Internet package which allows you to control the content and portions of the Internet that your child has access to. However, you should not rely on the parental filter as the only means to control the content to which your child may have access. We shall have no any liability whatsoever for any failure of performance of the parental filter.

Privacy and Security

We cannot ensure or guarantee privacy for users of our Internet Service and recommend that our Internet Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at your sole risk, and we shall have no liability in connection therewith.

Commerce over the Internet

When making purchases or other transactions using our Internet Service, you may be required by the merchant, information provider or service provider to supply personal information including credit card information or other means of payment. We are in no way responsible for any charges you may incur when making purchases or other transactions in this manner.
You understand that you and your authorized users may access the Internet through the Service. You further understand that we and our suppliers do not operate or control the Internet in any way. All merchandise, information and services offerings, made available or accessible on the Internet, are offered, made available or accessible by third parties who are not affiliated with us.

Monitoring

We have no obligation to monitor our Internet Service. Your participation in on-line communications occurs in real-time and is not edited, censored, or otherwise controlled by us. Further, we cannot and do not screen content provided by users of our Internet Service.
Despite the foregoing, you agree that we have the right to monitor our Internet Service electronically from time to time, to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate our Services properly, or to protect ourselves or our subscribers. We will not intentionally monitor (except for the purposes of testing or security protection) or disclose any private electronic e-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials in whole or in part, to refuse access to web sites that, in our sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.

Term

The term for this Service shall be either one (1) month or one (1) year, in accordance with the billing cycle agreed to by the parties at the time of activation of your account. At the end of the term (and of any subsequent renewal term), your account shall be renewed automatically for an additional term of equal duration unless terminated by either of us upon thirty (30) days' written notice, the whole in accordance with these Terms and Conditions. (The initial term and the renewal terms are at times collectively referred to herein as the "term")

Unlimited Access Accounts

Unlimited access accounts are not dedicated connections, because dynamic IP addressing and connections are not suitable for network environments. Static IP address services may be obtained through commercial sales.
We reserve the right to restrict any and all access during peak periods.
Unlimited access accounts will automatically time-out and disconnect after 15 minutes of modem connection inactivity to ensure that your connection is in full use. File downloading will not be affected by inactivity time-outs as this procedure constitutes use.
Unlimited access accounts may be restricted during peak hours (approximately 6pm to midnight local time) by being placed on a Heavy User list. We have determined this time limit on sessions through network load analysis algorithms to adjust the static session limits based on network demand during peak hours. Based on this configuration, queuing algorithms will become more likely to activate and adjust session limits, as a function of the number of users on-line. You may immediately re-dial in upon disconnection. There are no restrictions on the number of times you may dial in each day. Heavy Users are defined as those who are on-line for approximately 50 hours or more each week.
Unlimited access accounts are not ISDN capable. Package availability may be restricted to certain service areas.

Cancellation of Internet Account

Dial-up accounts may be cancelled by you within the first 14 days of sign up (including the date of sign-up) upon written notice delivered to, and received by, us. Upon receipt of the notice of cancellation of account within the first 14 days, a full refund will be issued to you and your account will be cancelled immediately.

In case of an annual Internet account that is cancelled after the 14-day money-back guarantee period, if you purchased an annual plan at a discounted rate, we will calculate the refund as follows: "Annual amount paid" ("number of months used" X "regular monthly rate") = "Refund". After the first 14 days, accounts may be cancelled upon written notice delivered to, and received by, us. Accounts that are paid for on a monthly basis will be set to expire on the next billing date.

E-mail Attachments and Storage

E-mail attachments are limited to ten (10) megabytes per message. Your total e-mail storage capacity using any of our Internet Services is limited to fifteen (15) megabytes.

Password and/or User ID Modifications

Upon request, we will modify your account's Password and/or User ID at a cost of $15.00 per modification.

Equipment

The equipment required to access and use the Internet Service may change from time to time. You acknowledge and accept your responsibility to ensure that your equipment meets the latest minimum requirements stated by us as being necessary to use the Internet Service. Accordingly, should your equipment no longer be adequate to access the Internet Service, you must upgrade and/or replace your equipment at your own cost and expense. You expressly agree and acknowledge that, should you decide to forego upgrading and/or replacing your equipment, your sole recourse will be the cancellation of the Service as and from the date of notice as provided in this Agreement.

Limitation of Liability

Neither we nor our suppliers warrant that the Internet Service will be uninterrupted or error free or that any information, software, or other material accessible on the Internet is free of viruses, worms, Trojan horses or other harmful components.
You assume all responsibility and liability with respect to mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

Long Distance

Local access to the Service is available in selected areas in Western Canada, as determined by us. We are not responsible for any long-distance charges that may be incurred through use of our Internet Service. If you choose to dial up to the Internet Service outside of the selected areas, you will be responsible for all applicable long distance charges. Please note that if you must dial 1 followed by an area code to reach any of our dial-up access lines, there will be a long-distance charge levied by your long distance service provider. Some versions of Windows may automatically add a country code and area code to your dial-up networking settings. You must check with technical support if you have any doubts with respect to the modem settings.

Nine Nine Five's Right to Discontinue Service

We reserve the right to cancel the provision of our Internet Service to you at any time without notice and at our sole discretion. Without limitation, if you modify, alter, reverse engineer, decompile, disassemble or create derived works based on our proprietary network protocols or software provided by us, your action(s) will constitute Service abuse and we will have the right to immediately terminate the account without limiting any other recourse we may wish to pursue against you in respect of such infringements and illegal activity.
All user names associated with the Internet Service shall remain our property and we may, at any time at our sole discretion, require you to change your user name.

III) Internet Abuse

We created this document to give our users an understanding of Internet-sensitive practices, and to outline our policies on such matters as Spam, harassment and unsolicited advertising.

Spam (Usenet)

Usenet Spam is defined by us as any message, commercial, non-profit or opinion, that is individually posted to several newsgroups at one time, especially when the content is commercial, and/or obviously considered off-topic by the participants of the group (For example, posting your political views on world-events to a non-political group such as rec.pet.cats). You may cross-post messages, by clicking on several newsgroups and posting one message to them: cross-posting is acceptable as your message goes to several groups, but readers will only see it once. It still should be of limited scope, non-commercial except in appropriate newsgroups, the message should be topical to the groups - yet the groups should be different in focus.

We generally decline to intervene in the case of debates, and do not consider Spam complaints to be credible if they arise from disputes of this nature. The policies of the Usenet group, mailing list or Web forum will be taken into account in our consideration of such situations, but this is not the only factor we consider.

Moderators, please click here for guidelines on submitting complaints

HARASSMENT

Any message (of any content) that is repeated after warning or notification is given that such message are unwelcome constitutes harassment under our policies. If you are warned by an Internet user to stop sending e-mail, or are notified that your attentions or opinions are unwanted, the best response is to immediately drop all communication with this individual.

We generally decline to intervene in the case of ongoing Usenet debates. If, in our judgment, the exchange is mutual, and if the complainant does not also agree to terminate comment, then we will not consider it harassment should you continue to participate on a public newsgroup or forum only. We will not consider such an exchange harassive. The policies of the Usenet group, mailing list or Web forum will be taken into account in our consideration of such situations, but this is not the only factor we consider.

Usually, we end up recommending the use of a filtering program to deal with disruptive participants. Avoidance is the only effective solution to dealing with people who seek attention by rude public behaviour. Most Usenet filters offer the user the ability to block out all posts from a particular e-mail address or by keyword. If your reader does not have this feature, please visit TUCOWS and try out their selection of Usenet readers.

Moderators, please click here for guidelines on submitting complaints

UNSOLICITED ADVERTISING

Nine Nine Five has a zero-tolerance policy towards Bulk Unsolicited Commercial E-Mail (BUCE, also called "Spam").
Accounts may be terminated if:

• We receive complaints from Internet users that they find themselves unwillingly subscribed to a mailing list from which they cannot unsubscribe quickly and easily.
  
  
• We receive complaints of multiple copies of the same message being sent to the same address.
  
  
• The volume of outgoing mail from one subscriber is sufficient to negatively impact the quality of service to our other customers.
  
  
• We receive complaints of any kind of e-mail message with faked headers that can be traced to a particular Nine Nine Five account.

We receive complaints that a commercial advertisement has been cross-posted to multiple Usenet Groups or Web forums (especially Usenet groups to which the message is considered off-topic - for example, a message about car-parts to the alt.binaries groups).
Nine Nine Five may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

On the first complaint, the account will be suspended until such time as the customer provides written assurances that the abusive pattern will not be repeated. The customer will be contacted and informed of the suspension as soon as possible.

It is the policy of Nine Nine Five that commercial mailing lists are acceptable, provided that all e-mail addresses on the list are willing subscribers.

These policies supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted. They are subject to changes and additions without notice.

OTHER RESOURCES

What normally gets people in trouble with the above points is attempting to market products and/or services via the Internet. There are ways to market on the Internet that will not cause problems either with Nine Nine Five or with other users of the net.
Here are some resources:

Coalition Against Unsolicited Commercial E-mail

Galaxy Business and Commerce Index A general index of business related resources on the net.

Customer Acceptance of Terms and Conditions

You automatically accept all of the Terms and Conditions as stated herein by installing the Internet access kit into your computer and any other computer programs and software provided by us or on our behalf from time to time. You also accept these Terms and Conditions by accessing the Internet and commencing and continuing to use the Internet through any of the Service provided herein. You further agree to abide by all of the rules which may be changed by us from time to time by notice published on our web site, sent by e-mail or by fax to you.