Library Policies

The Prince George Public Library ("THE LIBRARY") is offering wired and/or wireless high speed Internet access (the "Service") upon the terms and conditions set out below.
Please scroll down and read this document in it’s entirety, carefully and thoroughly. If you acknowledge and accept the terms and conditions of this Service Agreement as laid out below, click the button on the previous login page. At this point, you will be allowed full access to the Internet. If you do not agree to the terms and conditions of this Service Agreement, please do not continue.

SERVICE AGREEMENT

1. This Service Agreement between THE LIBRARY and you sets out duties and responsibilities associated with providing you with the Service. You are solely responsible for all access to and use of the Service through your computer’s interface during the period you have subscribed for ("Your Account") including any breach of this Service Agreement by you or any user. For the purposes of this Service Agreement, "you" means you and every person you authorize to use the Service. By accessing the Service, you agree to the terms and conditions contained in this Service Agreement. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.

2. Use Subject to THE LIBRARY’s Policies.

   You are solely responsible for all access to the Service through your Account. You agree to comply with and use the Service in accordance with this Service Agreement, as well any policies to which you are directed when registering for or using the Service, and with all applicable laws. You agree to hold THE LIBRARY, its affiliates and its agents harmless from all liabilities and expenses related to any violation of this Service Agreement by you or any user of your Account, or in connection with you or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to THE LIBRARY’s policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.

3. Performance Levels

   Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such, THE LIBRARY does not guarantee maximized Service performance (throughput speeds) levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. You understand that any content that you may access through the Service may be subject to "caching" at intermediate locations on the Internet.

4. Security and Privacy

   THE LIBRARY will not be responsible for any corrupted files or viruses that affect any user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your Service. THE LIBRARY cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and THE LIBRARY, its affiliates and its agents shall be relieved from all liability in connection therewith.

5. User Information

   Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. THE LIBRARY has no obligation to monitor the Service. However, you agree that THE LIBRARY reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

6. No Liability for Content

   Be aware that some content, products or services ("Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that neither THE LIBRARY nor any of its affiliates or agents attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. THE LIBRARY and its affiliates and agents assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

7. Limited Warranty

   The Service and any other deliverables provided by THE LIBRARY, its agents and/or suppliers are provided "as is" and "as available" without warranties, representations or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provide by THE LIBRARY ("Third Party Equipment and Services"). THE LIBRARY disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. Neither THE LIBRARY nor its affiliates or agents warrant the uninterrupted use or operation of the Service or any deliverable provided under this Service Agreement. The entire risk as to the quality and performance of the Service or any deliverable provided under this Service Agreement is with you. Further, neither THE LIBRARY nor its affiliates or agents warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to caching at intermediate locations on the Internet when being accessed through the Service.
   NEITHER THE LIBRARY NOR ITS AFFILIATES OR AGENTS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON- INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

8. Limitation of Liability

   In the event of any breach by THE LIBRARY, its affiliates or its agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from THE LIBRARY payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to THE LIBRARY during the period subscribed for by you preceding the relevant breach. Other than the foregoing remedy, under no circumstances shall THE LIBRARY , its affiliates or its agents be liable to you or any third party for:
   1. any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Service Agreement, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, error, defects, delays in preparations, or transmission, or failure of performance, or
   2. any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
   In addition, THE LIBRARY, its affiliates or its agents are not liable for:
   1. any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which THE LIBRARY does not directly serve;
   2. defamation or copyright infringement arising from material transmitted or received over THE LIBRARY’s or its affiliates facilities; or
   3. infringement of patents arising from combining or using customer-provided facilities with THE LIBRARY’s or its affiliates’ facilities.

9. Termination and Account Suspension

   THE LIBRARY may suspend or restrict the Service, at any time without notice, or terminate the Service Agreement if:
   1. the operations or efficiency of the Service is impaired by the use of your Account or the Service; or
   2. any amount is past due from you to THE LIBRARY; or
   3. there has been or is any breach of any term or condition of this Service Agreement.
   Any termination of this Service Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

10. Acceptable Use Policy

    The activities described below constitute violations of the Service Agreement that may result in the loss of your right to use the Service.
    The THE LIBRARY Acceptable Use Policy ("AUP") prohibits activities that include, but are not limited to, the activities described below.
    For the purpose of this document, "Internet host" means any computer or electronic device connected to the Internet and "you" means you and any user of your Account.

    1. General Acceptable Use Policies

       You are prohibited from using your Account in conducting activities that include, but are not limited to:
       • Transmitting unsolicited messages which, in the sole judgement of THE LIBRARY, cause significant disruption or elicit complaints from other Internet users.
       • Harassing users or groups in any way.
       • Impersonating users from the THE LIBRARY Service or any other Internet service providers in any way.
       • Uploading or downloading, transmitting, posting, publishing, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software or other material which is
         1. confidential or is protected by copyright or other intellectual property rights without prior authorization from the rights holder(s);
         2. is defamatory, obscene, child pornography or hate literature; or
         3. constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing.
       • Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
       • Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
       • Using an Internet host’s resources in a manner not authorized by its administrators. This includes mail relaying, and transmitting chain letters, make money-fast or pyramid style schemes of any sort.
       • Posting or transmitting any information or software which contains a virus, "cancelbot", "Trojan horse", "worm" or other harmful or disruptive component.
       • Attempting to obtain unauthorized access to any Internet host.
       • Sending threatening or criminal communications.
       • Attempting a Denial of Service attack either via bot or conducted manually.

    2. Electronic Mail

       While sending electronic mail, you are prohibited from conducting activities that include, but are not limited to:
       • Transmitting identical or substantially similar unsolicited email messages.
       • Promoting or facilitating the transmission of unsolicited email messages.
       • Attaching an excessively long signature to your message.
       • Forgoing the headers of your email messages in any way.
       • Sending messages to disrupt or cause difficulties in receiving other email.
       • Sending messages with viruses or other disruptive features or attachments.
       THE LIBRARY has a Zero Tolerance for unsolicited email messages (spam). Actions contrary to the terms of the AUP will result in the suspension and/or termination of your Account and may result in further penalties. You are responsible for any and all actions that originate from your Account.
       THE LIBRARY reserves the right, in its sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer’s bulk "opt-in email list", and the number of messages a customer may send or receive through the service.

    3. Newsgroups / Discussion Forums

       While posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
       • Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ.
       • Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ.
       • Posting substantially identical messages to more than 10 newsgroups.
       • Attaching an excessively long signature to your messages.
       • Forgoing the headers of your postings in any way.
       Newsgroup and forum postings must comply with the associated charter or FAQ. If a posted message does not fall within the topic or ideals of the discussion identified by the charter or FAQ, at the discretion of THE LIBRARY, it could represent an infraction of the AUP. Users posting messages to newsgroups or forums are responsible for making themselves aware of the rules of conduct, prior to posting.

    4. Internet Relay Chat (IRC) / Chat

       While using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:
       • Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
       • Attempting a Denial of Service attack either automated via a bot or conducted manually.
       Additionally, while using an IRC Server or Internet Chat Service, you must be in full compliance with the rules and regulations set out by the server administrator.

    5. Network / Security

       In addition to these Policies, while using your Account, you are prohibited from conducting activities that include, but are not limited to:
       • Causing an Internet host to become unable to effectively service requests from other hosts.
       • Running and/or hosting Server Applications including but not limited to HTTP, FTP, POP, SMTP, Proxy/SOCKS, NNTP.
       • Analyzing or penetrating an Internet host’s security mechanisms.
       • Forgoing any part of the TCP/IP packet headers in any way.
    You are solely responsible for the security of your Account. While connected to the Service, you are prohibited from any act, committed intentionally or through negligence, which may compromise the security of any Internet host in any way.
    Users found responsible for violation of this AUP may, at the sole discretion of THE LIBRARY, have their access to the Service terminated and be subject to the application of additional service charges. Also, violation of this AUP may result in criminal and civil liability of you, the User. THE LIBRARY will offer full co-operation with law enforcement agencies if their investigation warrants it.
    In the event that numerous complaints are received by our staff in regards to any breaches of this AUP or other provision of the Service Agreement, at the discretion of THE LIBRARY, a processing fee per complaint received in addition to an administration fee may be billed to you and you may be denied access to the Service in the future.
    THE LIBRARY does not assume liability to any of its Users or other Internet users for failure to enforce the terms of this AUP. As well, THE LIBRARY reserves the right to suspend or terminate your Account or deny access to the Service or the granting of future accounts at any time without prior notice.

11. Miscellaneous

    This Service Agreement, including any and all documents and THE LIBRARY’s policies referenced herein, constitute the entire agreement and understanding between THE LIBRARY and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. THE LIBRARY’s failure to insist upon or enforce strict performance of any provision of this Service Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Service Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Service Agreement conflicts with an applicable tariff, the tariff shall supercede this Service Agreement only in respect of the conflicting provision. This Service Agreement shall be governed by and construed in accordance with the laws of the state, province or territory in which your residence is located. The parties have required that this Service Agreement and all documents relating thereto be drawn up in English.
    Les Parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.