Terms of Service and Acceptable Use Policy
1. Parties to the Agreement LYTTONNET is a trade name used by LYTTON AREA WIRELESS SOCIETY (LAWS) which is a British Columbia Community Owned Corporation. “You” and “user” is the individual using the service. Users of LYTTONNET Services must be at least eighteen years old or have the consent of their parents or legal guardians. Therefore, if the Customer is an individual, he or she certifies that he or she is at least eighteen years old. Each Customer assumes all responsibility for the use of the Services and his, her, or its account by underage users. This Agreement is not assignable by the Customer.
2. Use of the Service Constitutes Acceptance By affirmation of this agreement OR by using LYTTONNET Internet Service, you will be deemed to have agreed to be bound by the terms and conditions of this Agreement and of LYTTONNET’S Acceptable Use Policy. If you do not agree with the terms and conditions of this Agreement and of the Acceptable Use Policy, you must immediately stop using LYTTONNET Internet Service and notify LYTTONNET customer support that you are terminating this agreement.
3. Noncompliance may Result in Termination Not complying with this agreement may result in immediate termination of your access to this service, terminating your account, or further action by LYTTONNET, at our sole discretion.
4. Acceptable Use Policy You must use this service legally. KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW.
LYTTONNET’s dedication to customer service means that LYTTONNET strives to maintain Services that provide Customers with an enjoyable Internet experience free from interference by those who use the Services in an improper or unlawful manner. Accordingly, our Acceptable Use Policy as described in this Section is incorporated in and forms part of this Agreement and all users of LYTTONNET Services must comply with it.
A Customer’s use of the Services is governed by applicable local, provincial, national and international laws and regulations, including without limitation laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. In addition to complying with such laws and regulations, each Customer is expected to use his, her, or its best judgment and to be respectful of others. A Customer must use his, her, or its best efforts to avoid interfering with the use of the Services by others and to ensure that he, she, or it follows rules of proper conduct.
LYTTONNET may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. The following is a list of activities that are violations of this Acceptable Use Policy. This list is intended to be illustrative, only. It is not exhaustive. There may be other activities that violate this Acceptable Use Policy. LYTTONNET is the sole and final arbiter of what is an acceptable use of the Services. Without limitation, a Customer will be in breach of this Acceptable Use Policy and this Agreement if he, she or it:
- A. uses the Services to transmit any material (by uploading, posting, email or otherwise) that intentionally or unintentionally violates any applicable local, provincial, national or international law or any rules or regulations made thereunder including without limitation material that is threatening, abusive, tortuous, harassing, defamatory, libellous, obscene, invasive of another’s privacy or hateful;
- B. uses the Services to harm or attempt to harm children in any way; C. uses the Services to make fraudulent offers to sell or buy products, items or services or to advance any type of scam, financial or otherwise, such as “pyramid schemes”, “Ponzi schemes”, unregistered sales of securities, securities frauds and chain letters;
- D. adds, removes or modifies identifying network, message or article header information or other identifiers in an effort to deceive or mislead others; attempts to impersonate any person by using forged headers or other identifying information provided, however, that the use of anonymous remailers or nicknames are not in themselves impersonation;
- E. uses the Services to transmit material by (uploading, posting, email or otherwise) that the user does not have a right to make available to others whether under any law or any contractual or fiduciary relationships;
- F. uses the Services to transmit any unsolicited commercial email or unsolicited bulk email or uses deliberately misleading headers in emails sent to multiple parties;
- G. uses the Services to 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;
- H. uses the Services to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of LYTTONNET’s or any other’s computer software or hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;
- I. disobeys any requirements, procedures, policies or regulations of any networks connect to the Services;
- J. uses the Services to transmit any material by uploading, posting, email or otherwise that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any other person;
- K. uses the Services to collect or attempt to collect personal information about another person without that person’s knowledge or consent;
- L. resells the Services without authorization to do so by LYTTONNET; or
- M. uses the Services for high volume data transfers including in particular but without limitation sustained high volume data transfers or uses the Services to host a server including without limitation to host a web server or an IRC server.
- N. LYTTONNET requests that anyone who believes that the Acceptable Use Policy is being violated contact LYTTONNET Customer Service Department.
5. RATES Any equipment and Installation Costs are payable on or before delivery of the equipment to the Customer. Rates for the Services are as set forth in the Service Plans Section of this Agreement and are billed in advance. LYTTONNET may, at its discretion, review and adjust the amount of the service fee for the purpose of compensation for inflationary and other devaluation effects. Increases if any will be equal to CPI. Any changes to fees shall be communicated to Customer by e-mail notification at least (30) days prior to the next scheduled renewal date or in the case of when the Agreement is operating on a quarter to quarter basis, increased charges will not take effect until the next billing cycle after the 30 day notice period.
6. Unauthorized Network Access is Illegal The services of LYTTONNET are for paying TOKEN customers and for contract subscribers of LYTTONNET only. You may use the services only at the discretion and mutual agreement of LYTTONNET. Unauthorized access is illegal. You agree not to interfere with the operation of the LYTTONNET network in any way, and agree not to collect any personal data or intercept transmissions from other users without their express consent. Customer may not, for commercial purposes, remarket all or any portions of the Services provided under this Agreement, or make all or any portion of the Services available to any Person other than the paying customer without the prior written consent of LYTTONNET.
7. Access to the Customer’s Premises. The customer authorizes LYTTONNET and its employees, agents, contractors and representatives to enter the Customer’s premises in order to install, maintain, inspect, repair and remove the equipment. All such services will be conducted at a time mutually agreed to by LYTTONNET and the Customer.
8. LYTTONNET has Limited Liability You agree that LYTTONNET is NOT responsible or liable for any harm you, your equipment, or your data may incur while or from using this service. Wireless communications and Internet use pose inherent risks, and all use of these services is at your own risk.
9. Indemnity of LYTTONNET by User You agree to indemnify LYTTONNET, its affiliates, officers, directors, agents and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of any third party.
10. No Guarantee of Service LYTTONNET makes no guarantee of service. Services are provided as-is, with no guarantee of quality or availability for any purpose, at any time. Range and quality of wireless connections vary, and cannot be guaranteed. Service at any location may be discontinued without notice. LYTTONNET is not responsible or liable for any interference caused by our service – you must ensure compatibility between your own systems.
11. LYTTONNET Not Responsible for External Internet Resources and Content The Customer should be aware that there is some content on the Internet and the other services which may be offensive to some Customers, or which may not be in compliance with all local laws, regulations and other rules. For example, it is possible to obtain access to content that is pornographic, obscene, or otherwise inappropriate or offensive, particularly for children. LYTTONNET assumes no responsibility for the content contained on the Internet and other Services. In particular and without limiting the generality of the foregoing, All content accessed by the Customer through the Services is accessed and used by the Customer at the Customer’s own risk, and LYTTONNET shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by the Customer. Our services provide access to other Internet resources which are not controlled by LYTTONNET is not responsible or liable for any damage or loss caused or alleged to be caused in connection with use, or in reliance on, of content, goods or services available on or through any such resource.
12. User is Responsible for Their Account Term users must create an account to use the LYTTONNET service. You agree to provide true, accurate and complete information as prompted by our services registration form and update the information to keep it accurate and current. You also represent and warrant you are at least 18 years of age. You agree to be responsible for maintaining the confidentiality of your accounts and passwords, and are responsible for all use of your account and any harm caused. You may request a new password or have your account disabled by sending an e-mail to or telephoning our Customer Service representative. You agree not to resell the use of our services, which includes not sharing your password information with others for any fee or consideration.
13. User Grants LYTTONNET a License to Transmit Their Content By using this service, you grant LYTTONNET a world-wide, royalty-free and nonexclusive license to reproduce any content you cause to be transmitted through our services, for the purpose of our transmitting that content for providing Internet services.
14. Users’ Privacy, Censorship and Network Monitoring LYTTONNET agrees to respect the privacy of its users and to comply with all Canadian privacy laws that apply. You understand and agree that urgent circumstances, a court order, a law enforcement authority, or legislation may require and allow LYTTONNET to make a user’s information or data available to the relevant authority. LYTTONNET has no obligation to censor or monitor our users or the content they transmit. When reasonably necessary, however, we may review and retain user information and content transmitted through our network.
15. Equipment Purchased from Lyttonnet Equipment provided by LYTTONNET or sold to the customer is warranted by LYTTONNET against failure due to defects in manufacturing for a period of 1 year from the date of first use. This warranty will not exceed the limitations of the applicable manufacturers warranty and specifically will not cover damage found to be caused by customer abuse or by Acts of God such as Lightning, Hail, Earthquake or Flood.
16. IP Addresses are the Sole Property of LYTTONNET All Internet protocol addresses assigned for customer use remain the property of LYTTONNET at all times.
17. LYTTONNET has the Right to Limit Network and Server Resources LYTTONNET reserves the right to limit any customer’s use of networking and server resources. This includes limits on data transfer, data storage, and e-mail attachment sizes.
18. Technical Support by LYTTONNET LYTTONNET will provide assistance on a reasonable basis, by phone or e-mail, at our discretion. Support is provided only for LYTTONNET services. Support for other software and services is provided only at our discretion.
19. Agreement may be Amended by LYTTONNET LYTTONNET may amend this agreement at any time by sending an amended copy to the e-mail address you provided during registration. Amendments become effective 10 days after initially sent to users. Your use of our services following the effective date of any modifications constitutes your acceptance of those modifications.
20. Account Termination, Refund and Survivability User may terminate account at any time by contacting our Accounts Department. Some Clauses of this Agreement Survive Termination. Customers will be refunded for unused services that have been prepaid. Certain sections of the agreement survive termination.
21. Governing Law This contract is governed by the laws of British Columbia, without regard to the conflict of laws rules..
22. Dispute Resolution, Limitation Period and Liquidated Damages Any claim you have or cause of action related to your use of our services or this agreement must be filed within one year after such claim or cause of action arises, or be forever barred.
23. Force Majeure LYTTONNET shall have no liability to you for any failure to provide any service or any delay in doing so or for any damage, harm, or lost opportunity that is caused by any circumstances beyond our reasonable control.
24. Invalidity If any part of these conditions is unenforceable, including any provision limiting the liability of LYTTONNET, the enforceability of any other part of these conditions will not be affected.
25. Non-Enforcement All this Contract does not Constitute Waiver of Rights Our failure to enforce our rights under this contract in no way modifies this agreement, and is not a waiver of any of our rights, including future legal action.
26. Section Headings Have no Legal Effect The section headings in this agreement are for convenience only, and have no legal force and effect.