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Terms and Conditions

Read This Customer Agreement Carefully Before Using Our Wireless Internet Services.

By joining the basewireless.com network and using the Internet Service ("Services") provided by Base Technology Ltd. you agree to the following Terms and Conditions of use. Please read them carefully. Failure to comply may result in the cancellation of your account.

[1] Coverage Areas

This service is provided as is, which means that broadband Internet access is available only where coverage exists. The network includes over 100 locations serving Whistler, Squamish and Pemberton. No liability or warranty is assumed for areas that are not covered even if they are implied.

[2] CONTENT

The User hereby agrees that basewireless.com and the service provider Base Technology have no control over Internet content, and no representations, warranty or guarantee are being given concerning the content, accuracy or reliability of any sites to which user visits, or email they may receive. Some webites may contain mature themed or false and misleading information and email may contain viruses.

[3] Security

It is the responsibility of the User to ensure that their own equipment, computers or any other devices connected to the wireless network are secured. The User hereby agrees that Base Technology are not responsible for, and do not guarantee that any information transmitted, including e-mail, purchase orders, sales orders, securities transactions, bill paying or any other transmittal, will be secured or timely or accurately be received.

[4] Acceptable Use Policy

THE USER OF BASE WIRELESS INTERNET ACCESS SERVICES HEREBY RELEASES THE ACCESS PROVIDER BASE TECHNOLOGY LTD AND SITE OWNER FROM ANY AND ALL LIABILITY WHATSOEVER, AND WAIVES, AND WILL INDEMNIFY AGAINST, ANY CLAIMS WHATSOEVER ARISING FROM INTERNET USE.

This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Base Technology Ltd to liability or may violate this AUP. Base Technology Ltd may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Base Technology Ltd account or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Services to:

(1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;

(2) harm, or attempt to harm, minors in any way;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;

(4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);

(5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

(7) 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;

(8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(9) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

[5] Support

Base Technology will at its sole discretion choose to offer support to Users with active accounts. This support is limited explicitly to the client devices provided by Base Technology for use in connecting to the wireless network. No support is offered or implied for any type of hardware or software owned by the end User including networking equipment, computers or handheld devices.

[6] Equipment Rental

If you signed up for a monthly account but did not choose the option for rental of an ethernet bridge or external client device, you understand that this equipment is available for an additional cost and that you may require it in order to receive the full extent of our services.

Under these circumstances, if you are not receiving the quality of service that you expected, we may choose to either offer you a refund for your service, or offer you the option of renting this equipment, and you may choose whether you wish to accept this offer or request a refund.

[7] OUTGOING MAIL

For security and as a precaution against SPAM, outgoing mail on port 25 is now no longer supported. Port 25 is still open for sending mail and if your mail server 'requires authentication' you will still be able to send outgoing mail from within the network. At this time however we can not continue to provide support for an open outgoing SMTP mail service if your own mail server does not allow mail forwarding.

Most SMTP servers do not allow mail forwarding without authentication, which means that if you are trying to send mail from within the network, your outgoing mail may be rejected by your own mail server. If you are having problems sending mail please use a web based mail service (such as GMail, Hotmail or Yahoo) to send and receive your email.

[8] fair use -ONE COMPUTER AT A TIME

This service is provided for the enjoyment of many people in the community and the following conditions are to ensure that everyone is able to use the service that they have subscribed to under the spirit of fair use.

Sign up for three months or more and we will register three additional devices for no extra charge

To help prevent fraudulent access to the network, under this agreement only one wireless device, laptop or home computer may be connected to the Internet through a single user account at any given time. For example you may use your account at home and you may also use a laptop anywhere our wireless service is provided but generally you may not do both at the same time. However if you sign up for three months or more we will provide you with additional user accounts for your phones and family for no additional cost.

Please contact us or call 604 932 9847 to register another device if your household requires the simultaneous use of multiple computers on the Internet and we will be happy to help you.

If you think that someone else may be using your login you must contact us or call 604 932 9847 immediately and we will issue you with a new account for no additional charge.

[9] REFUND POLICY

You must be sure that you are able to use our service before subscribing. If you are not sure that you are in an area we service please contact us and we will be happy to assist you to make the most of our high-speed service. By subscribing to our service you are agreeing to these terms and conditions.

If you are not happy with the quality of your Internet service you must noftify us within 24 hours by telephone, or email or through our contact form. After you have spoken to our support staff we still need your refund request in writing, either by email or through our website in order to process your refund.

A minimum charge will apply to all refunds. If you signed up for a week, you will billed for a minimum of 24hr service at our daily rate. If you sign up for a month, you will be charged for a week, and if you signed up for three months or more, the minimum charge will be for one month at our current monthly rate.

If you are not completely satisfied with your Internet service we will be happy to refund your payment under these circumstances however please be aware that these minimum charges apply. Daily and hourly accounts may be refunded up to 50% of the current rate providing you contact us within 24hrs of activating your account.

[10] Exclusion of Warranties; Limitations of Liability

Base Technology Ltd. does not guarantee error-free or uninterrupted operation of the Services, and the Services are provided on an “as is” and “as available” basis. Except as expressly provided for herein, Base Technology Ltd. makes no warranties, representations or conditions of any nature whatsoever, either express or implied, and all warranties, representations and conditions are, to the extent permitted by applicable law, excluded. Base Technology Ltd. assumes no responsibility for the Customer’s or any End User’s or Intermediate Provider’s use of the Internet, in connection with any Services provided hereunder, and Customer and all End Users and Intermediate Providers access the same at their own risk. Base Technology Ltd. exercises no control over and has no responsibility whatsoever for the content accessible or actions taken on the Internet, in connection with any Services provided hereunder, and Base Technology Ltd. expressly disclaims any responsibility for such content or actions.

EXCEPT TO THE EXTENT PROVIDED UNDER THIS AGREEMENT WITH RESPECT TO INDEMNIFICATION, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY DAMAGES FOR LOSS OF PROFITS OR BUSINESS, LOST REVENUE OR LOSS OF OR DAMAGE TO DATA OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO REPUTATION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT PROVIDED UNDER THIS AGREEMENT WITH RESPECT TO INDEMNIFICATION, BASE TECHNOLOGY LTD’S TOTAL LIABILITY TO THE CUSTOMER IN CONNECTION WITH THIS AGREEMENT (INCLUDING LIABILITY RELATED TO ANY PERFORMANCE OR FAILURE TO PERFORM HEREUNDER) WILL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF THE CHARGES PAID TO BASE TECHNOLOGY LTD. FOR THE SERVICES UNDER THIS AGREEMENT, DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DAY ON WHICH SUCH LIABILITY AROSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.

Customer acknowledges and accepts the reasonableness of the foregoing disclaimer or exclusion and limitations of liability. For purposes of this section, all references to Base Technology Ltd. or Customer include their respective Affiliates, agents, officers, directors, and employees.


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