SERVICE AGREEMENT |
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PLEASE READ THIS DOCUMENT CAREFULLY. This is a legally binding agreement between you and Inter.Net Canada and contains important terms, conditions and limitations relating to matters such as 9-1-1 service, liability, warranty and customer obligations. BY ACCESSING OR USING THE SERVICE, YOU FORMALLY AGREE TO EACH AND EVERY TERM AND CONDITION IN THIS AGREEMENT. This Agreement outlines the duties and responsibilities of Inter.net Canada Limited ("Inter.net Canada"), in providing you ("you" or the "Subscriber") with Internet access services ("Internet Access Services") and other services, such as Voice over Internet Protocol Services ("Digital Phone / VoIP Services"), as they may become available from time to time (collectively, the "Services") as well as your rights and responsibilities as a Subscriber to each Service. Additionally, you acknowledge that you have reached the majority age in your province or residence and therefore able to make this binding contract with Inter.net Canada. In the event that you do not wish to be bound by these terms and conditions, you hereby expressly acknowledge and agree that you shall be prohibited from accessing or using the Service. Moreover, by using or accessing the Service, you formally agree to all of the terms and conditions stipulated in this Agreement. This is a residential subscription and is not intended for business use. In case of automatic disconnection by the system, Inter.net Canada will not be responsible for any damages that might occur. 1. Inter.net Canada's Policies on the Use of the Service As an Inter.net Canada Subscriber to the Service, you are responsible for access to the Service through your designated Inter.net Canada subscription. You further agree to comply with all of Inter.net Canada's policies respecting the Service (including but not limited to the Appropriate Use Policy available here as provided to you or to which you shall be directed when using the Service. You agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree that Inter.net Canada shall not be responsible for, and you hereby agree to hold Inter.net Canada free and harmless from, any and all liabilities and expenses related to any violation of this Agreement by you or any user of your Inter.net Canada subscription, or in connection with the use by you or any user of your Inter.net Canada subscription. Furthermore, you agree to notify Inter.net Canada of any unauthorized use of your password or account. Also, you agree that the Service can only be used by you and the members of your household, and that you may not transfer or make available your account name and password to others. Should you at any time deposit information, software or other content, in the public areas of the Service, you hereby understand and agree that Inter.net Canada shall have the right and license and you hereby give Inter.net Canada the authorization but not the obligation to edit, copy, publish, distribute, and translate such information, software or other document for any use without charge. Subject to the foregoing right and license, each Subscriber who deposits information, software or other document on the Service retains any rights Subscribers may have in such information, software or other document. While using the Service, you shall not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to the law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. More specifically but without limiting the generality of the a forementioned, you agree, while using the Service, not to:
Subject to the terms of this Agreement, you may use and display the software on any machine of which you are the primary user. 2. Use of the Service by Minors When you grant access to the Internet to any of your minor children through Inter.net Canada's Service, you acknowledge and agree that
3. Credit Investigations, Client Information and Confidentiality You hereby authorize Inter.net Canada and its agents to verify your personal financial status by conducting a credit investigation with third parties. As outlined in the Inter.net Canada Privacy Statement available here (the "Privacy Statement"), all personal information obtained by Inter.net Canada shall be treated as confidential, as required by law, unless required to be disclosed in order to provide you the Service (including, by way of example, telephone directory listings in the case of Digital Phone Services). Unless you consent in writing thereto or unless disclosure is required by law, Inter.net Canada will not disclose any personal information pertaining to you to any party other than:
(a) Fees As an Inter.net Canada subscriber, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of the Service, all of which shall be charged to your Inter.net Canada account in accordance with the rates and conditions established by Inter.net Canada for the Service and as such rates and conditions may be amended by Inter.net Canada from time to time upon 15 days prior notice to you. You further undertake and agree to promptly provide Inter.net Canada with any modifications to the credit card or banking information supplied with your Inter.net Canada account (i.e., changes to your credit card expiration date or other similar credit card information). If any payment you make is rejected or returned for any reason, Inter.net Canada will charge a $20 ($10 for pre-authorized debit) processing fee to your account, and your account may be subject to suspension at Inter.net Canada's sole discretion (A) for cheque payment methods, if not fully paid within 2 weeks of Inter.net Canada's notice to you of such a rejection, and (B) for pre-authorized debit, within 1 week of Inter.net Canada's notice to you of such a rejection and, (C) for other payment methods, immediately. Any outstanding balance on your account (including accumulated late fees) unpaid for 30 days after the invoice date will accrue late fees (commencing on the invoice date) at a rate of 1.5% per month, (19.56% per annum compounded) on the total amount overdue. If there is an unpaid balance on your account over 28 days in arrears, Inter.net Canada reserves the right to suspend your account or Services or your access thereto until you make such arrangements to pay the balance owing in full, without affecting your obligation to pay all amounts outstanding. To reactivate a suspended account, the full outstanding balance must be paid. Furthermore, Inter.net Canada may require a particular payment method be used for all future payments. Any accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges. You agree to pay all costs incurred by Inter.net Canada in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers' fees, judicial and extra-judicial costs. As outlined in the Privacy Statement, Inter.net Canada may release customer information to a collection agency for collection purposes only, as Inter.net Canada does not sell personal information. (b) Billing As an Inter.net Canada Subscriber, you shall pay monthly fees upon receipt of your invoice along with any charges related to excess usage from the previous month. Your initial billing period begins on the date of your registration. Subject to the provisions to the contrary as set forth herein, your Inter.net Canada account will be automatically renewed on a month-to-month basis. Usage is determined based on one-minute increments and fractions of minutes will be rounded up to the next minute. Cumulative chargeable usage will be invoiced monthly in increments of 30 minutes rounded up to the next 30-minute interval. All of your invoices will be sent to you via your e-mail address, except when the subscription has been terminated: in that case, the billing will be sent by mail to the address you specified at the time of your subscription or of any subsequent update. You shall be responsible for all usage charges on your Inter.net Canada account, and as such, you hereby agree to accept full responsibility for the use of your Inter.net Canada account by other users of your Inter.net Canada account, as well as to ensure that you are disconnected from the Service when not in use. (c) Plans-General (i) Please refer to the "Products" Section of Inter.net Canada's website available here (the "Products Page") for the specific characteristics of each plan offered, including the rates therefor. (ii) Discontinued Service in Case of Abuse Inter.net Canada reserves the right to suspend or terminate the Service to all users who are abusing the system or the Service who are otherwise violating this Agreement, subject to the terms and conditions set forth in Section 6. (iii) Discontinued Service in Case of Spamming Notwithstanding any provision to the contrary, Inter.net Canada may immediately terminate, in accordance with the terms and conditions set forth in Section 6, any subscription of anyone who is transmitting or otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Inter.net Canada liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay Inter.net Canada's actual damages, to the extent that such actual damages can be reasonably calculated. (d) Plans-Internet Access Services (i) Transfer Rate Limit-Internet Access Services Your Internet Access Services subscription has a transfer rate limit, which limits the amount of data that can be sent and received over the Internet or through the Service with respect to your Account. Please check the Products Page for the limits that apply to your Service plan. If the transfer rate for your subscription exceeds these limits or the limits as defined herein, extra fees will be charged at a cost of $0.05 per megabyte (Dialup) or $2.00 per gigabyte (High Speed) in excess of the aforementioned transfer rate limits. Inter.net Canada may also, at its sole discretion, terminate the Service, subject to the provisions set forth in Section 6. (ii) E-mail Storage and Traffic-Internet Access Services The amount of storage space on our e-mail servers for your Inter.net Canada Account is limited. This storage space is for mail that has not yet been delivered and should not be used for storing mail that you have already received-Inter.Net Canada recommends you use software that downloads such messages to your computer. Should your mailbox exceed the limit described in your plan as described on the Products Page, e-mail will no longer be delivered to your mailbox and will instead be returned to sender. It is your responsibility to monitor the size of your mailbox. (iii) Discontinued Service in Case of Inactivity Notwithstanding any provision to the contrary, Inter.net Canada may also disconnect your access to the Service for inactivity. The term "inactivity" is defined as logging into a particular service for 30 consecutive minutes without any network activity. Furthermore, you agree not to use any software or any other device for the purpose of simulating network activity to avoid session inactivity disconnection. (e) Plans-Digital Phone Services THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 ACCESS. PLEASE READ CAREFULLY. (i) Description. Digital Phone Services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network ("VoIP Calls"). The nature of VoIP Calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and the Digital Phone Services, including the lack of traditional 911 services and privacy. (ii) 911 Service. Because of the unique nature of VoIP Calls, emergency calls to 911 through the Digital Phone Service (each a "911 Call") will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 Calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP Calls with respect to 911 Calls placed from your account (your "Account") as described below: 1. Placing 911 Calls. When you make a 911 Call, the Digital Phone Service will attempt to automatically route your 911 Call through a third party service provider to the Public Safety Answering Point ("PSAP") corresponding to the address on record with your Account. However, due to the limitations of the Digital Phone System, your 911 Call may be routed to a different location than that which would be used for traditional 911 dialing. For example, your call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 call, and you may be required to provide your name, address, and telephone number to the call centre. 2. How Your Information is Provided. The Digital Phone Service will attempt to automatically provide the PSAP dispatcher or emergency service operator (each a "Dispatcher") with the name, address and telephone number associated with your Account. However, for technical reasons, the Dispatcher may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 Call, you must immediately inform the Dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the Dispatcher may not be able to locate you. 3. Correctness of Information. As stated in Section 1, you are responsible for providing, maintaining and updating correct contact information (including name, residential address and telephone number) with your Account. If you do not correctly identify the actual location where you are located, or if your Account information has recently changed, 911 Calls may be misdirected to an incorrect Dispatcher. 4. Disconnections. You must not disconnect the 911 Call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately. 5. Connection Time. For technical reasons, including network congestion, it is possible that a 911 Call will produce a busy signal or will take longer to connect when compared with traditional calls. 6. 911 Calls May Not Function. For technical reasons, the functionality of 911 Calls may cease or be curtailed in various circumstances, including: A. Failure of Service or Service Access Device-if your system access equipment fails or is not configured correctly or if your Digital Phone Service is not functioning for any reason, including in the event of power outage, Digital Phone Service outage, suspension or disconnection of your Service due to billing issues, network or Internet congestion, or network or Internet outage, in the event of a power, network or Internet outage, you may need to reset or reconfigure the system access equipment before being able to use the Digital Phone Service, including for 911 Calls; B. Changing Locations-if you move your system access equipment to a location other than that described in your Account information or otherwise on record with Inter.Net Canada; and C. Use outside of Canada or the United States-if you move your system access equipment to a location other than the United States or Canada, excluding Alaska, Hawaii, the Northwest Territories, Yukon and Nunavut. 7. Alternate Services. If you are not comfortable with the limitations of 911 Calls, Inter.Net Canada recommends that you terminate the Digital Phone Services or consider an alternate means for accessing traditional 911 services. 8. Inform Other Users. You are responsible for notifying, and you agree to notify, any user of your Digital Phone Services of the nature and limitations of 911 Calls on the Digital Phone Services as described herein. 9. No Liability and Indemnity. In accordance with Section 16, you acknowledge and agree that Inter.Net Canada will not be liable for any service outage or inability to place 911 Calls using your Digital Phone Service or to access emergency service personnel due to the limitations of 911 service described herein. (iii) Privacy. You acknowledge that VoIP Calls and Digital Phone Services utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications, which transmissions may be intercepted by other parties. (iv) 411 Service. 411 "information" service is available at Inter.Net Canada's current rates as set from time to time in Inter.Net Canada's sole discretion and without notice and available at the Inter.Net Canada Web Site. (v) 900 and 976 Numbers. VoIP Calls to certain special service phone numbers, including 900- and 976- numbers, may be limited and Inter.Net Canada reserves the right to limit your ability to call any such number at its discretion. (vi). Telephone Number Portability. You may be able to transfer an existing telephone number to your Digital Phone Service or your Digital Phone Service telephone number to another service provider, provided that your Account is in good standing. However, Inter.Net Canada will not be responsible for any termination fees imposed by any other service provider as a result of you transferring or instructing Inter.Net Canada to transfer your existing number to the Services. Inter.Net Canada cannot guarantee or warrant the timeliness or date of any transfer, nor can it guarantee that you will be able to transfer your number. (vii). Directory Services. Inter.Net Canada will make your name, address and telephone numbers available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with legal, contractual or regulatory requirements. (viii). Limit on Usage Patterns. Even for unlimited calling plans, Inter.Net Canada, in its sole discretion, reserves the right to terminate, curtail or suspend your Digital Phone Services if your calling patterns materially exceed Inter.Net Canada's average customer calling patterns under similar plans or if you breach any part of this Agreement. (ix). Bandwidth Usage. VoIP Calls require high-speed Internet bandwidth, which may affect throughput over any Internet Access Services and will count towards your bandwidth usage for all Internet Access Services. (x). Specific Prohibitions. You are prohibited from using any Digital Phone Services for: (i) automatic-dialing announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (ii) non-residential use or operating a business, including home-based businesses and call centres; (iii) long-distance calls made using call forwarding and three-way calling features; (iv) multi-party conference or party lines; or (iv) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialing, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting. (xi) Long Distance Rates and Fees. The Digital Phone Services include the ability for you to place long-distance telephone calls. By dialing or placing a long-distance telephone call, you agree to pay Inter.Net Canada's then-current rates and fees for such calls. Inter.Net Canada will make its rates and fees for long-distance telephone calls available on its web site here. Inter.Net Canada may, in its sole discretion, change such rates and fees upon at least 30 days prior notice posted at such website. (xii) Unlimited Long-Distance Plan Limitations and Prohibitions. Even for unlimited long-distance plans, Inter.Net Canada, in its sole discretion, reserves the right to terminate, curtail or suspend your long-distance telephone Services if your calling patterns materially exceed Inter.Net Canada's average customer calling patterns under similar plans or if you breach any part of this Agreement. Furthermore, you are prohibited from using unlimited long-distance Services or plans for: (a) automatic-dialing announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (b) non-residential use or operating a business, including home-based businesses and call centres; (c) long-distance calls made using call forwarding and three-way calling features; (d) multi-party conference or party lines; or (e) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialing, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting. 5. Plan Changes You may request a plan change by submitting a request within our Account Management section or by calling Inter.net Canada at: 1-800-920-SURF or by completing the following form located here. Please note that all plan change requests will take effect on your next billing period. All modifications will be billed at the monthly rate. Whether the modifications are effected at the beginning, the middle or the end of a billing period, you will be billed for the whole month. 6. Cancellation, Suspension and Refund (a) Cancellation by you You acknowledge and agree that this Agreement may be cancelled by you only upon prior notice to Inter.net Canada. Such prior notice shall be given a minimum of forty eight (48) hours before the next billing date in any of the following manners: (i) by telephone call to Inter.net Canada's Customer Service Department at 1-800-920-7873; where notice of cancellation has been given by telephone call, Inter.net Canada may require for verification purposes, that you send written confirmation of your intent to cancel to "Inter.net Canada Cancellations" at 5252 de Maisonneuve West, Suite 200, Montreal, Quebec H4A 3S5; (ii) by facsimile message addressed to "Inter.net Canada Cancellations" at (514) 481-2785; or (iii) by mail addressed to "Inter.net Canada Cancellations" at 5252 de Maisonneuve West, Suite 200, Montreal, Quebec H4A 3S5. Upon receipt by Inter.net Canada, notices of cancellation shall be effective as of the last day of the then current billing period. Whether the cancellation is effected at the beginning, the middle or the end of a billing period, you will be billed for the whole month. If you have benefited from a promotional rate (e.g. pre-payment) and choose to cancel your subscription, you will be refunded for any remaining whole months. Any promotional rates received will be retroactively adjusted to reflect monthly charges at regular monthly pricing. For all promotions offering free month(s) of Internet access: The free month(s) of Internet access will be applied at the end of the pre-paid plan. For example, if you pre-pay for five months and receive one month free, the free month is applied as the sixth month of service. If you cancel this Agreement before the end of your contract you will not be eligible to receive the promotional free month(s) of Internet access. All promotions and rebates offered by Inter.net Canada to you have no money value. (b) Cancellation or Suspension by Inter.net Canada You acknowledge and agree that Inter.net Canada may at any time either (x) suspend or terminate this Agreement (by giving you forty-eight (48) hours' notice by telephone, facsimile or electronic mail) or (y) restrict or terminate the Service (immediately upon notice by telephone, facsimile or electronic mail) for any reason, including but not limited to non-payment of fees, violation of the Acceptable Use Policy, illegal use of the Services or violation of any provision in this Agreement. Upon termination : (i) monthly fees prepaid for unused whole months remaining will be refunded; (ii) Inter.net Canada will not forward any mail or other files to another account; and (iii) all of your files including, but not limited to, e-mails and homepages will be erased. The termination of your subscription does not relieve you from any amounts owing Inter.net Canada before such termination becomes effective plus any costs including, but not limited to, costs incurred by Inter.Net Canada for the collection of any outstanding amounts. Upon suspension: (i) Inter.net Canada will continue to gather and retain any mail or other files on our servers until end of suspension; and (ii) all of your files including, but not limited to, e-mails and homepages will not be erased, but access will be denied. The suspension of your subscription does not relieve you from any amounts owing Inter.net Canada before such suspension becomes effective plus any costs including, but not limited to, costs incurred for the collection of any outstanding amounts. 7. Privacy on the Net Like phone calls made with a cellular or portable phone, messages sent over the Internet, including VoIP Calls, may not be completely private. Although there are ways to mask your identity when communicating on the Internet, your anonymity is not guaranteed. The use of the Service is at your own risks. 8. Concurrent Log-in Sessions Each subscription to the Service is intended for only one connection to the Internet at once. Therefore, several connections require several subscriptions. As such, you hereby agree that should you, for any reason, abuse this right by having concurrent log-in sessions using a single username and password, your Inter.net Canada subscription may be suspended and/or cancelled, subject to the terms and conditions set forth in Section 6 above. As between Inter.net Canada and yourself, you are better able and suited to implement the appropriate physical and procedural impediments to the improper use of and to supervise your Inter.net Canada account. 9. Local Access Numbers With your Inter.net Canada Internet Access Services subscription, you can enjoy local access to a large number of Points of Presence across North America. You are solely responsible for ensuring that your computer is connecting to the local access number in your region ("Access Number"). To verify the number you are dialing please check the configurations in your computer dialer. You should not be required to dial "1" prior to the Access Number. If you are required to do so, your long distance provider will apply long distance charges as the "1" indicates that you are connecting to a non-local number, in which case you will be solely responsible to pay the long distance fees charged by your long distance telephone provider. 10. No Liability for Content The Internet is a largely unregulated medium and therefore some content, products or services offered on the Internet or through the Service (collectively referred to as the "Content") may be offensive to you or may not comply with applicable laws. You agree to be solely responsible for access to or use of all Content and the Internet. You acknowledge that Inter.net Canada has not endorsed the Content and that it is not deemed to have examined, viewed or approved the said Content. Inter.net Canada is not responsible for any claim related to the access to the said Content or to its use. If you become aware of unlawful products, services or conduct on the Internet, please notify Inter.net Canada by completing the form located here. If other users have access to any material stored in your files or programs located on Inter.net Canada's servers, then Inter.net Canada reserves the right to review that material. If the material in question is unlawful, Inter.net Canada reserves the right to edit or remove that material. You will be given an opportunity to respond, within a reasonable period of time, to the allegation that the material in question is unlawful before Inter.net Canada takes action. 11. No Liability for Dealings with Third Parties You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Inter.net Canada assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user's alone. You agree that Inter.net Canada shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions. 12. No Liability for Links to Third Party Sites The Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Inter.net Canada and Inter.net Canada is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inter.net Canada is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Inter.net Canada responsible if the Linked Site is not working appropriately. Inter.net Canada is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by Inter.net Canada of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. 13. Inter.net Canada Software and Documentation In cases where Inter.net Canada will be supplying you with compact disks - read-only memory (the "Cd-roms") or other machine-readable or accessible through the Internet medium (the "Medium") containing Internet access or other software (collectively referred to as the "Software"), you hereby acknowledge and agree that: (a) if the Software has not been developed by Inter.net Canada: (i) the Software will not be installed, maintained, supported or guaranteed by Inter.net Canada; (ii) the use Software shall be subject to and you shall comply with, such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof; (iii) the responsibility of Inter.net Canada, in the event that the Software, the Cd-roms or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant Cd-roms or Medium; (iv) the appropriate measures shall be taken to protect the Software, including the relevant Cd-roms or Medium, from loss or damage; and (v) the responsibility of Inter.net Canada, in the event that some software are not fully-supported commercial versions, is limited to the replacement, at its sole discretion, of the said Software by any other software offering similar characteristics and functions; (b) if the Software has been developed by Inter.net Canada, Inter.net Canada will undertake to provide the required support, subject to the provisions set forth in Section 14. Furthermore, you agree that: (i) the Software will not be installed or guaranteed by Inter.net Canada; (ii) the use of the Software shall be subject to and you shall comply with, such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof; (iii) the responsibility of Inter.net Canada, in the event that the Software or the Cd-roms or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant Cd-roms or Medium; and (iv) the appropriate measures shall be taken to protect the Software, including the relevant Cd-roms or Medium, from loss or damage. Inter.net Canada grants you a non-transferable and non-exclusive license to the Software; provided that you do not (and do not allow a third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Inter.net Canada for use in accessing the Service. In the event of a conflict between the terms and conditions that accompany the Software and the terms and conditions set forth in this Agreement, the latter will prevail. 14. Proper Equipment Occasionally, the computer equipment required to access and use the Service may change. You understand and acknowledge that it is your sole responsibility to ensure that your computer system meets the current minimum requirements stated by Inter.net Canada as being necessary to use the Service. Accordingly, should your computer equipment no longer be adequate to access the Service, you must upgrade your equipment at your own cost and expense. You expressly acknowledge and agree that in the eventuality that you decide not to upgrade and/or improve your computer equipment, your sole recourse will be the cancellation of this Agreement as and from the date of your notice as herein provided in Section 6 above. 15. Trademarks and Other Intellectual Property Inter.net and Inter.net Canada are trademarks of Inter.net Canada Ltd or its licensors. All other product, brand and company names, logos and other intellectual property rights used throughout the Service are the trademarks, registered trademarks or other intellectual property rights of their respective owners. You also acknowledge and agree that any content found on Inter.net Canada's Web site, except the content provided by a subscriber to the Service or which Inter.net Canada used according to the provisions set forth in Section 1 of this Agreement, is the sole property of Inter.net Canada or its suppliers and that you may not reproduce, copy, distribute or use in any way, except for your personal use, without the prior consent of Inter.net Canada. 16. Limited Warranty and Indemnification Inter.net Canada's Service and Software is provided "as is" and "as available" without any warranties, conditions or representations of any kind, including legal and conventional warranties, about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services. For greater clarity, without limiting the foregoing, neither Inter.net Canada nor any of its information providers, licensors, employees, agents or affiliates represent or warrant that the Service will meet your requirements, that it will operate in combination with the software and/or services that you select to use on the Internet, that the operation of the Service will be uninterrupted and error free, that any errors will be corrected, that the Service will meet any particular criteria of quality or performance (as regards to, without limiting the generality of the aforementioned, the reasonable delays of delivery or receipt of data), that the privacy of any data, information, content or other materials transmitted by, to or through its computer and/or communication systems will be preserved, that any data or files sent by or to you will be transmitted in uncorrupted form nor that any Content, or other materials accessible through the Service, is free of viruses or other harmful elements or components. Furthermore, Inter.Net Canada expressly disclaims all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise. Therefore, you assume full responsibility and risk of loss from your use or non-use of the Services. Notwithstanding anything to the contrary in this Agreement, in no event shall Inter.Net Canada, its parents, subsidiaries or affiliates and their respective officers, directors agents, employees, suppliers, resellers and distributors (collectively, the "Entities") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to this Agreement or the use, non-use or installation of the Services or related components, regardless of the cause of action and even if one or more of the Entities has been advised of the possibilities of such damages or losses, including damages or losing resulting from or in any way related to the following: (a) Digital Phone Service outage, delays, errors or omissions or your inability to place VoIP Calls (including 911 Calls) using your Services or to access emergency service personnel; (b) sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions or data, including any 911 Calls, e-mail messages or telephone or VoIP transmissions, or for any transactions entered into through or using the Services, including domain name registrations, renewals and transfers; (c) any suspension, curtailment, restriction, termination or other limitation placed on your Services or your Account; (d) any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights; (e) any loss or damage to your equipment, software or data arising directly or indirectly out of use or non-use of the Services or any access device or related component; (e) the performance of the Internet or the Services; (f) the content or accuracy of any material, information or data (including any Software) related to this agreement or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Services, including material which infringes the rights of others or otherwise violates laws or regulations; (g) the viewing, downloading, transmitting, accessing, purchasing or by any other means acquiring any information, material, product or service accessible through the Internet or the Services; (h) delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through the Entities' systems or networks or the systems or networks of third parties; and (i) installation or maintenance of the Services, whether by you, the Entities or third parties, including if an installation appointment for the services is missed, either by the Entities or by any third party installer. You agree to indemnify, defend and hold harmless the Entities for any claims, awards, actions, proceedings, damages, losses, judgments, costs, charges, expenses and other liabilities incurred by or made against any of the Entities which result from or relate to (a) any final determination that the data, information and/or content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your account or your Services infringes trade-mark, trade secret, copyright, patent or third party intellectual property rights, (b) any failure or outage of the Service, including those related to 911 Calls in accordance with Section 4(e)(ii), (c) access to or use, by you or any third party, of the Services, any system access device or related components or your Account, or (d) any of your acts or omissions, including breach or non-performance of this Agreement and any violation of third party rights. You agree that the Entities will not be responsible for damages and expenses related to the violation of this Agreement resulting from the use by you or any user of your Account or in connection with your use or the use of the Service by another user of your Inter.net Canada account and you agree to hold Inter.net Canada harmless in that respect. This indemnification shall survive the termination of this Agreement. 17. Limitation of Liability Without restricting the foregoing, circumstances may arise in which you or another party is entitled to recover damages from one or more of the Entities. In such instance, the aggregate liability of the Entities for damages is limited to actual and direct damages up to and not exceeding $100.00. 18. Amendment to the Agreement Inter.net Canada may, at any time and from time to time, modify this Agreement by reasonable prior notice sent to you or displayed on its Web site. As well, you agree to check Inter.net Canada's Web site periodically to review whether any modifications have been made. Your continued use of the Service following notice of such modification shall be deemed to be your acceptance of that modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service. 19. Miscellaneous Each of the terms, conditions and policies in this Agreement stand alone. Should any provision of this Agreement be found by a court of competent jurisdiction to be invalid or unenforceable, all other provisions of the Agreement will remain in full force and effect. Time is of the essence of this Agreement. The amounts stated herein are in Canadian currency unless otherwise specified. Failure by Inter.net Canada to exercise any of its rights shall not be a waiver or forfeiture of such rights. The headings are included for ease of reference only and do not form part of the Agreement. Neither party is responsible for a failure to fulfill its obligations under this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, and accidents in transportation. This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. Furthermore, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the province of Quebec. Nothing contained in this Agreement prevents Inter.net Canada from complying with governmental or court of law requests or requirements relating to your use of the Service or information provided to or gathered by Inter.net with respect to such use. Neither this Agreement nor the performance of the obligations under this Agreement may be assigned by you without the prior written consent of Inter.net Canada. Inter.net Canada may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. The parties have required that this 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. |
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