Terms Of Use

Right-of-Way Consultants Ltd. dba Visual.Net provides a variety of Internet services subject to the customer's compliance with the terms and conditions set forth in this policy.

Terms of Use

1. Visual.Net reserves the right to modify these policies and operating rules at any time. It is the customer's responsibility to check this document regularly. The customer's continued use of the service shall be deemed to be an acceptance of these policies and operating rules. It is the responsibility of the customer to remain up to date with regard to system notices and schedules. This includes reading any and all mailings from Visual.Net to our customers. Visual.Net reserves the right to revise or discontinue any or all pricing options, time packages, special discounts, or any other aspect of the service at its sole discretion and without prior notice.
2. Visual.Net reserves the right to send its customers periodic email messages outlining new services, features, prices, etc. and/or important system announcements such as upgrades and maintenance shutdowns.
3. Visual.Net's failure to insist upon or enforce strict performance of any term or condition in this policy shall not be construed as a waiver of any term or condition or right.
4. The registered owner of an account is responsible for the actions of all parties using that account. It is the responsibility of the customer to ensure that all contact information provided is accurate and complete and kept current.
5. Force Majeure. Visual.Net shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facilities shortages or other similar force beyond such Visual.Net's reasonable control.
6. Visual.Net will have the final say on what constitutes a violation of these terms and conditions.
7. USE OF A Visual.Net SERVICE CONSTITUTES AN UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICE. ANY VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN THE SUSPENSION AND/OR TERMINATION OF THE SERVICE WITHOUT REFUND. If you do not agree to be bound by these Acceptable Use Guidelines, please notify Visual.Net Accounting Department so that we may initiate a closure of your account.

Use of Services

1. The Customer agrees to use Visual.Net's services only for lawful purposes, in compliance with all applicable laws.
2. Acceptable Use: Customers are expected to exhibit good netiquette. Adult content is not permitted. Other specific activities that are prohibited include, but are not limited to: threatening harm to persons or property or otherwise harassing behavior; fraudulently representing products/services using customers accounts; facilitating, aiding, or encouraging any of the above activities. In all cases Visual.Net has the final say on what does and does not constitute an Acceptable Use.
3. Visual.Net reserves the right to investigate suspected violations of these Guidelines. When Visual.Net becomes aware of possible violations, Visual.Net may initiate an investigation which may include gathering information from the Customer or Customers involved and the complaining party.
4. During an investigation, Visual.Net may block access to customer's websites and/or email and/or other services provided by Visual.Net. If Visual.Net believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of customer's websites and/or email and/or other services provided by Visual.Net, and the suspension or termination of the customer's service.
5. Visual.Net, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the Customer to criminal or civil liability. Violations may also result in additional charges or fines being levied against violating customers, regardless of whether such customers have been found guilty in a court of law.

Email and Related Services

1. Email service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Visual.Net or its employees shall create a warranty.
2. Visual.Net does not guarantee that email is 100% reliable, nor instantaneous. In no instance shall Visual.Net be held liable for any email difficulty, suspension, lack of service, customer action, outcome, nor inaction of any Visual.Net's customers resulting from email. Under no circumstances shall Visual.Net be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from the customer's use of or inability to use email or to access the Internet for email use, or the customer's reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
3. Visual.Net will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in the "Webspace and Use of Material" section below, Visual.Net may take action as outlined in section A above.
4. Visual.Net Customers may not send email in any way that may be illegal. Visual.Net recognizes that email is an informal medium; however, Customers must refrain from sending further email to a user after receiving a request to stop.
5. Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. Visual.Net Customers may send advertising material only to addresses which have specifically requested that material.
6. When sending email messages, customers must refrain from activities such as forging headers and sending unsolicited email (commercial or otherwise), commonly known as SPAM. Visual.Net Customers may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages. Customers who send SPAM may be charged up to $1000 CDN in cleanup fees.
7. Visual.Net Customers may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many Customers, or sending large or multiple files or messages to a single user with malicious intent.
8. Violations of the Visual.Net policies outlined in this document can sometimes result in massive numbers of email responses. If a Visual.Net Customer receives so much email that Visual.Net resources are affected, Visual.Net staff may block access to the customer's equipment at the router level.
9. Passwords: Each Visual.Net Customer is responsible for the security of his or her password. Generally, secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The Customer is responsible for changing his or her equipment password regularly. Each Visual.Net customer is responsible for keeping secure and confidential all passwords, and for changing these passwords if the customer feels that the security of these passwords have been compromised. A Customer with an insecure password may be directed to change the password to one which complies with the above rules. Customers who repeatedly choose insecure passwords may be assigned a password by Visual.Net.
10. Email checking: Customers may choose to set their email programs to automatically check for incoming email messages (retrieve). If customers choose to do this, it is recommended that they retrieve email at a minimum of every fifteen minutes. If email is being retrieved more often than every 15 minutes, and causes excessive strain on the mail servers, then that particular email account may, at Visual.Net's transgression, be turned off or have the password changed until the problem can be corrected. In such case it is up to the customer to contact Visual.Net. Visual.Net shall not be held liable for any customer action, outcome, nor inaction resulting from this email suspension.
11. Spam filters: The use of spam filters is at the customers own risk. Visual.Net will not be held liable for any legitimate email messages labelled as spam, or bounced as spam. Visual.Net will not be held liable for any spam of any sort that bypasses the spam filters.
12. Webmail: Use of webmail is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Visual.Net or its employees shall create a warranty. Visual.Net makes no guarantee as to the readability or preview-ability of any email messages read via webmail.

Webspace and Use of Material

1. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied. No advice or information given by Visual.Net shall create a warranty. Under no circumstances shall Visual.Net be liable for any loss, damage, liability or expense incurred or suffered which is claimed to result from use of or inability to use the service, or the customer's reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, errors, delays, defects, or any failure of performance.
2. Materials in the public domain (e.g., images, text, and programs) may be downloaded, stored or uploaded using Visual.Net services. Customers may also re-distribute materials in the public domain. The Customer assumes all risks regarding the determination of whether the material is in the public domain.
3. The Customer is prohibited from storing, distributing or transmitting any unlawful material through Visual.Net services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The Customer may not post, upload or otherwise distribute copyrighted material on Visual.Net's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the Customer to criminal as well as civil liability, in addition to the actions outlined in section A above. The Customer may not store or distribute certain other types of material. Examples of prohibited material include, but are not limited to, programs containing viruses or Trojan horses and tools to compromise the security of other sites, tools used to collect email addresses for use in sending bulk email, or tools used to send bulk mail.
4. Disk space: It is the customer's responsibility to ensure that their overall disk usage is within the bounds associated with their account. Periodic examination of disk space usage may generate an emailed request to remove files or upgrade to a new option with larger disk limits, in which case the customer must comply immediately.
5. It is the customer's responsibility to maintain backup copies of anything stored in their Visual.Net account.

System Security

1. The Customer is prohibited from utilizing Visual.Net services to compromise the security or tamper with system resources or accounts on computers at Visual.Net or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools.
2. Visual.Net reserves the right to release the contact information of Customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Visual.Net will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Disclaimer

1. All information found on the Visual.Net website is Copyright Visual.Net ("Visual.Net"). All Rights Reserved. No documentation or information on this website may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form without the express written consent of Visual.Net.
2. In no instance shall Visual.Net be held liable for any damages relating to this website whatsoever. In particular Visual.Net shall not be liable for direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Visual.Net website, any Visual.Net product or service, nor any email accounts supplied by Visual.Net. This includes damages arising from use of or in reliance on the documents or information present on any Visual.Net website (including any information obtained through any links on a Visual.Net website, even if Visual.Net has been advised of the possibility of such damages).
3. Use of the Visual.Net website, and any customers websites, is at your own risk. Visual.Net is not responsible for the accuracy of the information contained on the Visual.Net website, and any customers websites. Visual.Net reserves the right to make changes to the website at anytime without notice.