Evergreen Internet Agreement

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Agreement for High-speed Internet Access

This Agreement ("Agreement") is made between Peacock Hospitality ("Provider") and the tenants ("Tenants") residing at Evergreen Apartments, 1462 6th Ave and 1422 6th Ave, Fernie BC ("Premises"), owned by Peacock Hospitality.

  1. Services Provided Provider will supply high-speed internet access to the Tenants for a monthly fee of $42.50 including GST, payable via Electronic Funds Transfer (EFT) on the last day of each month. Each Tenant will have their own private and secure Wi-Fi network.
  2. Equipment and Installation Peacock Hospitality shall be responsible for the installation, maintenance, and provision of all the necessary hardware required to deliver the internet service. All installed hardware remains the property of Peacock Hospitality. Tenants are prohibited from tampering with any hardware mounted in the unit.
  3. Payment Terms The monthly fee of $42.50 per unit will be automatically transferred via EFT on the last day of each month. Tenants must ensure sufficient funds are available to cover this payment.
  4. Security and Privacy Each Wi-Fi network provided by Peacock will be secure and private. Tenants are prohibited from sharing their network password with anyone not residing in the unit.
  5. Maintenance and Support All maintenance issues related to the internet service must be reported through the Tenant portal. If reported through the portal, the Provider guarantees service within 24 hours.
  6. Prohibited Activities Tenants are strictly prohibited from using their private network for any illegal online activities. If it is discovered that the Tenant's network has been used for illegal purposes, the authorities will be notified immediately and the connection will me terminated.
  7. Agreement Termination This Agreement may be terminated by either party with a 30-day written notice. Upon termination, all hardware provided by the Provider must be returned in good condition. Any damage to the hardware will be the responsibility of the Tenant.
  8. Liability Provider shall not be liable for any damages arising from the use of the internet service, including but not limited to data loss, unauthorized access, or service interruptions.
  9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Premises are located.

By using the Service, you are accessing the Internet, a public communications network. Except for the Company website(s), we do not control any materials, information, products, or services on the Internet. You assume full responsibility and risk for accessing content via the Service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise promoted through the Service or the Internet.

Acceptable Use of the Service

Activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Peacock Hospitality, or any third party. Peacock Hospitality will fully cooperate with law enforcement upon receipt of notice that your use of the Service is in violation of applicable law. When in doubt, don’t do it. Examples of prohibited activities and materials include, but are not limited to:

  • Spamming (sending unsolicited emails)
  • Invading Privacy (collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent)
  • Harming, or threatening to harm others ("stalk" or otherwise harass, threaten, or violate the rights of others)
  • Violating Intellectual Property Rights
  • Obscene or Indecent Speech or Materials
  • Defamatory or Abusive Language
  • Misrepresenting Your Identity or Forging Headers
  • Hacking, Scans, or Other Subversive Information Gathering Activity
  • Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities
  • Export Control Violations
  • Harassing, Abusive, Criminal or Fraudulent activities
  • Facilitating a Violation of this Agreement of Use
  • Resale of the Service or Using it to Host a Server
  • Transmitting any material (by uploading, posting, email or otherwise) that you do not have a right to make available (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Negatively affect other users' ability to use the Service.

Peacock Hospitality does not monitor or review the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, should we become aware of content or activity that in our sole discretion, may be illegal, may subject Peacock Hospitality or our suppliers or vendors to liability or is in violation of this Agreement, we may remove, block, filter, or restrict by any other means such content or activity.

Limitation of Liability

To the maximum extent permitted by applicable law: peacock hospitality, its suppliers and licensors (including airtight networks) shall not be liable to you or any other party for any direct, indirect, incidental, special, consequential, exemplary or reliance damages arising out of or related to this agreement, the services, under any legal theory, including but not limited to lost profits, lost data, business interruption, personal injury, for loss of privacy, negligence, and for any other pecuniary or other loss whatsoever, even if peacock hospitality and/or airtight knows of or should have known of the possibility of such damages. This section shall apply even if your exclusive remedy has failed of its essential purpose. You acknowledge and agree that the service is $40 per month and that reflects the allocation of risk set forth in this agreement and that peacock would not enter into this agreement without these limitations on its and its suppliers’ and licensors’ liability.

Indemnity

If a third party makes a claim against Peacock, its suppliers, and/or licensors arising out of your use of the Service or your breach of this Agreement, you shall: (a) pay all costs to defend Peacock Hospitality. (b) pay any damages assessed against Peacock Hospitality (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and (c) hold harmless and indemnify Peacock Hospitality, its suppliers and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, Peacock Hospitality (or its supplier or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. Peacock Hospitality (or its supplier or licensor, as applicable) will provide you with written notice of such claim, suit or action.

Governing Law

This Agreement will be governed by the laws of the Government of Canada and the province of British Columbia. This Agreement constitutes the entire agreement between you and Peacock Hospitality with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Waivers and Amendments

Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by both parties.

(b) pay any damages assessed against Peacock Hospitality (its supplier or licensor) in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and

(c) hold harmless and indemnify Peacock Hospitality, its suppliers and licensors from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, Peacock Hospitality (or its supplier or licensor, as applicable) shall have full authority and control of the defense and/or settlement of any such claim at your expense. Peacock Hospitality (or its supplier or licensor, as applicable) will provide you with written notice of such claim, suit or action. Governing Law This Agreement will be governed by the laws of the Government of Canada. This Agreement constitutes the entire agreement between you and Peacock Hospitality with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Waivers and Amendments Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by

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Sharing of your network password to anyone not living in the unit is prohibited and is akin to theft.......