Customer Agreement – Terms and Conditions

Your Internet Access (herein "YIA"):

GENERAL INFORMATION

1. Subject to availability and to this agreement, YIA shall permit the customer to use YIA's facilities. You are deemed to have acknowledged and consented to the terms of this agreement by your use of YIA's Internet service. If you continue to use YIA's Internet service without reading this agreement, you are still deemed to have agreed to be bound by all of the terms of the Customer Agreement without limitation. This document link is posted at www.yia.ca.

2. Customers are responsible for protection of an account name, password and all charges associated with that account. YIA is not responsible for a lost password.

3. YIA makes no warranty or representation with respect to the performance of the Internet, its service, or to the suitability of any of them for any particular purpose. YIA is not responsible for any loss of data stored on our server or lost e-mail messages. YIA makes no warranty that either will be restored. The Customer assumes full responsibility for backing up their files. YIA will use reasonable efforts to correct any defect in Service reported to YIA, and will use reasonable efforts to ensure uninterrupted access to their services and to their Internet server throughout the term of this Agreement.

4. The Customer agrees to indemnify YIA, its directors, employees, sponsors, and agents against any loss, damage, or liability (including legal costs on a full indemnity basis) which may be sustained or incurred as a consequence of the Customers failure to comply with this agreement whether the failure is attributable to the Customer or to some other person using the account with or without permission of the Customer.

5. The Customer shall indemnify YIA against any claim by a third party for alleged infringement of any copyright or any other intellectual property rights which arises as a result of the storage or processing of any of the Customer's data on or through the Internet.

6. These Terms and Conditions and Prices may be amended by YIA at any time and will be posted on the Internet as per Item 1.

USER INFORMATION

1. The Customer shall not resell for profit or non-profit any or all of YIA's services under any circumstances whatsoever, except under the written permission from YIA.

2. YIA is not responsible for any material downloaded through YIA's service including, but not limited to viruses, pornography, software, or offending or damaging material.

3. The Internet contains adult material not intended for minors. YIA assumes no responsibility for material viewed by its customers or other users, including minors, of a customer's account. YIA sells accounts to adults only. Minors may apply for accounts with written authorization by a parent of guardian.

4. The following violations can result in immediate termination of your account:

• a. Any illegal activity conducted through use of our service.
• b. Spamming of news groups, discussion groups or mailing lists or unsolicited mass mailings.
• c. Harassment of other individuals on the Internet.
• d. Impersonating another user or falsifying one's name in e-mail, news groups or IRC (not including nicknames or handles).
• e. Compilation or use of compiled code on the YIA server.
• f. Any attempt to penetrate YIA’s or other security.
• g. Posting publicly any pornographic or otherwise offensive material. YIA reserves the right to censor such material.

PAYMENT

1. All invoices will be sent by e-mail, on or about the 1st of the month for the present month, to the customers account. Payment is due before the 15th of the month. A service charge of $10.00 per year will apply for non-emailed invoices. Accounts 2 months past due will automatically be sent statements by mail and charged a $5.00 service charge. Requests for statements will be charged a service fee of $5.00 per statement. All discounts (including pre-authorization discounts) will be forfeited if payment is not received by the 15th of the month. Only 1 (one) discount will be applied to a service.

2. Customers will be responsible for all charges accrued on their accounts until such time as YIA is notified to terminate service, in writing, or compromised security. Invoices more than 15 days old shall bear interest at a monthly rate of 3% compounded monthly. YIA reserves the right to disconnect all services in this agreement should the payment exceed 30 days, bearing interest on any outstanding balances. Customer is responsible to pay any legal or collection fees if collection is necessary.

3. Any payment returned to YIA (i.e. non-sufficient funds, cancellation of pre-authorized payment), service will be immediately suspended and full payment is due to be reactivated. A $25.00 NFS charge will be applied to the Customers account and will be required before reactivation.

30 Day Money Back Guarantee

1. The customer has 30 days from time of installation to request a refund should the service not be meeting the quality which they were told they would get. The refund amount shall be the cost of the installation fee plus applicable taxes.

TERMINATION

1. Any past due account will be locked from accessing the Internet and email until payment in full is received. A $25.00 re-activation fee will be applied. Any account 3 months past due will be permanently closed and sent to a collection agency. Customer is responsible to pay any legal or collection fees.

2. Either party terminates this Agreement by providing at least thirty (30) days prior written notice. Upon termination YIA will make no refund and reserves the right to delete all account information including e-mail and homepage files.

3.A minimum of one month's access will be charged to any opened account whether used or not used.