Important: These Terms govern your use of WestNet services including City Wi‑Fi (free and paid), VPN, web hosting, domains, business connectivity, e‑mail, and any related products, websites, apps, or support (collectively, the “Services”). By accessing or using any Service, you agree to these Terms.
1) Scope of Services
WestNet provides public Wi‑Fi within the City of Calgary, Alberta and the City of Santa Barbara, California, plus related connectivity, VPN, hosting, domain, and business services. WestNet City Wi‑Fi is a private service and is not owned or operated by any local, provincial/state, or federal government. You must not hold the City of Calgary, the City of Santa Barbara, or any jurisdiction in which you access the Service liable for any damages arising from your use.
2) User Responsibility, Capacity, Age & Common Sense
Personal responsibility: You are solely responsible for everything you do while using the Services—including all data you access, transmit, host, or publish—and all resulting consequences. This responsibility applies regardless of personal circumstances or mental capacity.
Mental capacity & common sense: By using the Services, you affirm that you understand these Terms and will use reasonable judgment and common sense (e.g., do not use devices while driving, crossing streets, on rail platforms, or near machinery).
Age requirement (18+): You must be at least 18 (or the age of majority in your location) to create accounts, obtain paid services, or accept these Terms. Minors may only use public Wi‑Fi when supervised by a responsible adult who accepts these Terms on their behalf.
Authorized use: If you use the Services for an organization, you warrant authority to bind it and that it accepts these Terms.
3) Network Security, Availability & Compatibility
Wireless sessions may be open; you assume all risk for transmitting sensitive data. Prefer https:// and consider VPN where appropriate.
No guarantees of availability, speed, throughput, roaming, or compatibility are made.
We may modify, prioritize, shape, filter, block, suspend, or withdraw Services or credentials to maintain network integrity or for policy, security, legal, or business reasons.
4) Acceptable Use Policy (AUP)
No harassment, threats, stalking, hate, or discriminatory conduct.
No illegal content/activities; no copyright or privacy violations.
No phishing, spam, malware, DDoS, scanning without consent, open relays/proxies that facilitate abuse, or command‑and‑control systems.
No attempts to harm, disrupt, defame, or otherwise damage WestNet, our personnel, infrastructure, reputation, or business relationships.
No bypassing or defeating security or content controls; follow third‑party terms and applicable laws.
5) Fair Use & Network Management
Shared medium: Public/free Wi‑Fi is shared. We may shape or rate‑limit heavy traffic (e.g., very large downloads, P2P, streaming bursts) to protect overall user experience.
Diagnostics & telemetry: We may log device MAC/IP, session times, telemetry, policy events, and abuse indicators for operations/security. Content is not monitored except as needed for operations/abuse handling or as required by law.
VPN: Allowed, but misuse via VPN remains your responsibility.
6) Content & Intellectual Property
Only access, download, distribute, or use content when you have lawful rights or permission.
We may remove or disable access to material alleged to be infringing and cooperate with rights holders and authorities where required by law.
7) Business, Hosting & Email Services
Provided on a commercially reasonable efforts basis unless a separate written agreement states otherwise.
No guaranteed uptime/remedies beyond those herein unless expressly agreed in writing.
We may enforce fair‑use limits on bandwidth, CPU, storage, e‑mail sending, DB queries, and processes.
You are responsible for passwords, patching, securing scripts, and backups. We are not liable for code/configuration errors you introduce.
8) Support Policy & Billable Overwhelm
Standard support: For legitimate Service issues within posted hours/channels.
Excessive/non‑sense requests: We may bill at then‑current rates for excessive, repetitive, frivolous, or out‑of‑scope requests that overwhelm support or are unrelated to our Services.
Emergency/after‑hours: May be billed at premium rates.
9) Billing, Recruiting & Cancellations — Your Duty to Contact Us
You are responsible for managing your account, invoices, recruiting communications, and cancellations. To make changes or cancel any paid Service or recruiting process:
You must contact WestNet using the form below or e‑mail/phone in Contact with sufficient details (account ID, service address or domain, and requested action).
Cancellations are effective after we confirm by reply. Requests via unrelated channels do not constitute notice.
Until confirmation (or any requested verification) is provided, services may continue and remain billable.
10) Fees, Payments & Taxes
Some Services are free; others have fees. By ordering paid Services you agree to pay all charges, taxes, and government fees when due.
Unpaid balances may result in suspension/termination; late fees/interest may apply where permitted.
11) Equipment & Installation
Secure your devices and networks. Customer‑owned equipment is your responsibility.
WestNet‑provided equipment remains WestNet’s property unless explicitly sold. Return/allow retrieval upon request/termination or pay replacement fees.
12) Privacy, Notices & Law Enforcement
We use contact details you provide to operate Services and send account/service communications and marketing (opt‑out available for marketing only).
We may preserve/disclose information as required by law or to protect our network, customers, and operations.
Law enforcement requests: Provide agency, contact, file/reference number, and scope via the form below or Legal e‑mail; we respond to valid legal process.
13) Enforcement & Cooperation
We may investigate alleged violations and cooperate with law enforcement, regulators, and rights holders. We may suspend or terminate access, throttle, or apply technical measures to address violations.
14) Disclaimers; Limitation of Liability
Services are provided “as is” and “as available” without warranties of any kind, express or implied.
To the maximum extent permitted by law, WestNet is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, use, business, goodwill; business interruption; or costs of substitute services.
Your exclusive remedy is to stop using the Services, to the fullest extent permitted by law.
15) Indemnity
You agree to defend, indemnify, and hold harmless WestNet and its officers, directors, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your content, your violation of these Terms, or your violation of any law or third‑party right.
16) No Harm / No Legal Harassment
You agree not to harm, threaten, or attempt to harm WestNet, our personnel, infrastructure, business relationships, or reputation. You further agree not to weaponize legal processes (including frivolous complaints or suits) to harass or disrupt our operations. We may seek costs and fees for abusive or bad‑faith legal actions as permitted by law.
17) Termination
We may suspend or terminate any Service, account, or session at any time for any reason, including violation of these Terms, legal/policy changes, network integrity, or non‑payment. You may stop using the Services at any time; fees already incurred remain due.
18) Changes to Terms or Services
We may update these Terms or the Services from time to time. Material changes will be posted on our website or communicated through Service notices. Continued use after changes means you accept the updated Terms.
19) Governing Law; Venue
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict‑of‑law principles. You consent to the non‑exclusive jurisdiction and venue of the courts located in Calgary, Alberta.
