1. Use of any or all of the services provided by A&W constitutes Your agreement with all terms and conditions as stated herein.
2. Based upon the access plan chosen, User may access the Internet through A&W facilities up to one (1) free hour per day (none accumulative), that is, any time, in excess of one hour per day or in excess of the free time provided for in your particular access plan, will be charged for at the prevailing rate.
3. All basic plans and registration fees are payable in advance and will be charged to your credit card on a once a month basis. In addition all previous month’s accumulated user charges will be charged to your credit card.
4. If you do not wish to use a credit card you may pre-pay for the service in $50.00 increments and we will bill you for another $50.00 when your balance drops below $20.00.
5. Customer is responsible for paying all services and charges incurred by the account. Any instruments for payment (credit card charges, cheques etc.) not honoured by your financial institution will immediately become due and payable. A service charge will be applied for all dishonoured items and your access privileges may be suspended until all outstanding balances are paid.
6. Pre-approved payment through the User's Credit Card or Chequing account shall be the same as if the user had personally issued a cheque authorizing payment to A&W, and to debit the amount specified to the User's account on a monthly basis. This authorization may be cancelled at any time upon written notice by the User. Any rules that govern pre-approved Credit Card and Chequing payments are also in effect.
7. If access to our services are suspended a re-connection fee might be charged against your account.
8. If services are suspended or terminated for any reason you are still responsible to pay A&W for all account charges which have accumulated including any re-connection fees and other reasonable expenses including attorney and collection costs, to enforce our rights under these terms and conditions.
9. The User is not relieved of any fees/payments that are due if the account is in default.
10. A default account will accrue interest at a monthly rate of 2.0% on the outstanding balance.
11. The User shall provide 30 days written or e-mail notice for discontinuation of services.

RESPONSIBILITIES

1. The User shall be solely responsible for maintaining the security of the UserlD and password, and for their unauthorized use. The User shall be responsible for all use of the INTERNET by anyone using the UserID. If the User shall become aware, or suspect, that any unauthorized person has obtained or attempted access through the UserlD or to the User's account, program, or data, then the User shall forthwith notify A&W and change their password.
2. The UserID shall be used only by the User and the User shall not make the UserID available to any third party.
3. Customer is responsible for all activity on the system performed under the User’s login (user name) and password until User informs A&W of any misuse or suspected misuse by others.
4. The User shall have sole responsibility for the preparation of their programs and data. A&W, its directors, employees, sponsors and agents shall not be responsible for any fault or error in the User's programs or any programs accessed through the INTERNET.
5. The User acknowledges that the INTERNET may be subject to unscheduled and unannounced outages and breakdowns which may not be rectified promptly.
6. In the event of the failure of breakdown in the INTERNET, or of the loss or spoiling of the User's programs or data, A & W makes no warranty that either will be restored. The user assumes full responsibility for backing up their own files.
7. A&W, its directors, employees, sponsors and agents or shareholders shall not be liable for any loss or damage sustained by the User or any third party, directly or indirectly, as a result of the failure or breakdown of the INTERNET or fault in the programs provided by A&W or for any other cause.
8. A&W may limit in any way the User's access to the INTERNET. A&W may exercise this discretion arbitrarily, unequally and unreasonably. Without restricting the generality of this discretion, A&W may limit the hours of access to each User in any manner, and may limit the amount of storage and memory available to the user.
9. A&W reserves the right to refuse access to any User for any reason.
10. A&W reserves the right to cancel or suspend services at any time in the event of violation of these terms and conditions or any abuse or misuse of the service.
11. Neither A&W nor its Providers or Agents exercise any control whatsoever over the content of information passing through the INTERNET, its machines or equipment.
12. A&W makes no warranties of any kind, whether expressed or implied, for the services it is providing. A&W also disclaims any warranty of merchantability or fitness for any particular purpose. A&W will not be responsible for any loss or damage you might suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries or service interruptions however and by whomever caused whether by its own negligence, that of others or by your own errors or omissions.
13. Access through A&W Internet facilities may only be used for lawful purposes. Transmission of any material in violation of federal or provincial regulations is prohibited. This includes but is not limited to: copyrighted material, threatening or obscene material or material protected by trade secret. You agree to indemnify and hold harmless A&W Internet its Owners, Affiliates, Associates or Agents from any claims resulting from your use of the service which damages you or another party.
14. The use of any information obtained through A&W Internet access is at your own risk. A&W specifically disclaims any responsibility for the accuracy, content or quality of information.

THE USER SHALL NOT

1. resell for profit or non-profit any or all of A&W Internet services under any circumstances whatsoever, without the written permission from A&W;
2. seek by any means whatsoever, information regarding the personal identification, or password of any other User of the INTERNET or any network to which the User may be permitted to have access;
3. obtain or seek to obtain access to, or interfere with, any programs or data maintained by A&W except as permitted by A&W;
4. obtain or seek to obtain access to, or interfere with, any programs or data maintained by A&W except as specifically permitted by the policies of the network (which form part of these terms and conditions). Without limiting the generality of the foregoing, the User shall not access the INTERNET except in accordance with this agreement;
5. obtain or seek to obtain access to any other User's programs or data except with the explicit authorization of the other Use;
6. knowingly develop or use programs which adversely affect or impact other Users, the INTERNET, or any Network;
7. use, transmit or store anything obscene, offensive, defamatory or illegal;
8. utilize the INTERNET for any purpose which is contrary to the laws of any government having jurisdiction over A&W or the User; and
9. engage in any other activity which A&W determines in its unfettered discretion to be Improper Use of the INTERNET.
10. The User agrees to indemnify A&W, 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 User's failure to comply with this agreement whether the failure is attributable to the User or to some other person using the User's account with or without permission of the User.
11. A&W may without notice terminate any User's privileges for any breach of this agreement.
12. The User shall indemnify A&W 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 User's programs or data on or through the INTERNET.
13. The User's programs shall be and shall remain the property of the User. Notwithstanding, A&W may in its sole discretion make and keep backups and examine the User's programs, data, printed outputs, or other media in connection with its investigation of malicious disruption of computer services and of breaches of this agreement either by the User or by any other person.

GENERAL

1. A&W makes no warranties, express or implied, no representations, or statements not expressly set forth herein shall be binding upon A&W as a warranty or otherwise.
2. These terms and conditions and pricing structures may be amended by A&W at any time by giving to the User 30 days notice by electronic mail or other communication.
3. Any discretion, option, decision, or opinion by A&W shall be sufficiently exercised or formed if exercised or formed by or subsequently ratified by A & W system administrator or any other person or persons designated by A&W’s directors.