Table of Contents

1. Amendments to this Agreement
2. Legal Capacity
3. Services
4. Term of Agreement
5. Content Warning
6. Your Account and Account Use
7. Account-holder
8. Customer Information and Privacy
9. You agree to provide true
10. Billing and Payment
12.a Service Limitations
12.b Flat Rate Long Distance
12.c Home Phone Services
12.d POTS Home Phone Services
13. Dial-Up Service-Specific Provisions
15. High Speed Service-Specific Provisions

16. VoIP Service-Home Phone Services Specific Provisions
17. Long Distance Call-Specific Provisions
20. Support
21. Service Installation, Maintenance and Removals
22. INTER.NET Equipment
26. Software Supplied by INTER.NET
27. Acceptable Use and Prohibitions
28. Proprietary Rights
29. Compliance Measures and Complaints
31. Disclaimers And Limits Of Liability
37. Termination
42. General

INTER.NET Terms of Service

LAST UPDATED: November 30, 2011

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND INTER.NET AND CONTAINS IMPORTANT TERMS, CONDITIONS AND LIMITATIONS RELATING TO MATTERS SUCH AS 9-1-1 SERVICE, LIABILITY, WARRANTY AND CUSTOMER OBLIGATIONS. BY ACTIVATING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS, CONDITIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT.

These Terms of Service constitute the agreement between you (“you” or “Customer“) and INTER.NET CANADA (“us” or “INTER.NET“) that sets out the terms and conditions that apply to your use of all or any of the services (collectively, the “Services“), including high-speed Internet access (“High Speed Services“), Voice over Internet Protocol services (“VoIP Services“) and dial-up Internet access (“Dial-Up Services“) and related software, equipment and components provided by INTER.NET to you (collectively, the Equipment“).

By activating or using any Service, Equipment or user account with INTER.NET with respect to the Services (your “Account“), you agree to be legally bound by and abide by the terms of this Agreement. If you do not wish to be bound by this Agreement or any modifications which may be made by INTER.NET from time to time (as described in Section 1), you may not activate or use any Service or Equipment and you must immediately contact INTER.NET immediately to terminate your Account, if you have one, and this Agreement (see Section 36).

 

1. Amendments to this Agreement

INTER.NET reserves the right to amend this Agreement at any time. INTER.NET will use reasonable efforts to publish each amendment before such amendment becomes effective, but at all times ensure that the latest, fully amended version of this Agreement is published, on its website at http://CA.INTER.NET, or such address as may be updated from time to time (the “INTER.NET Web Site“). INTER.NET may, but is not required to, advise you of such amendments by (a) sending you an electronic mail at the electronic mail address registered on your Account, or (b) or mailing notification by Canada Post to the address shown on your Account. You are responsible for regularly reviewing the INTER.NET Web Site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your Account and this Agreement pursuant to Section 36. If you do not terminate this Agreement before the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.

 

2. Legal Capacity

You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the jurisdiction in which you reside and that you possess the legal right, capacity and ability to enter into this Agreement and use the Services in accordance with this Agreement.

 

3. Services

The details of the various Services, including other products and services offered by INTER.NET, can be found on the INTER.NET Web Site. INTER.NET may, from time to time at its sole discretion and without notice or liability, create, amend, change, or delete any Service, including changing pricing for any Services, introducing new Services, substituting old Services for new Services, changing any Service features and deleting any Services. If you do not agree with such changes, you may (as your sole remedy) terminate your Account pursuant to Section 36. The various Services offered by INTER.NET include a variety of access speeds and features, such as varying tiers of Dial-Up Services, VoIP Services and High Speed Services.

 

4. Term of Agreement

Service is offered and paid for, and the term of this Agreement shall be, on a prescribed recurring basis (usually monthly, though certain Services are offered on different recurring periods) for a term that begins on the date that your Account is activated (your "Billing Date") and ends on the day before the same date in the following period (the "Recurring Period") The Services, and this Agreement, will automatically renew for the same Recurring Period, at INTER.NET's then-current rates and terms, without further action by either party unless this Agreement and the Account is terminated pursuant to Sections 36 through 40, inclusive. If you attempt to cancel the Services or terminate this Agreement prior to the end of the applicable Recurring Period, you will be responsible for all unbilled charges, plus a disconnection fee (if applicable), an early cancellation fee for term-based Service contracts (if applicable), and a fee for any unreturned Equipment that is the property of INTER.NET (if applicable), all of which will become immediately due and payable. Activation fees, installation fees, or any other one-time fees are non-refundable. Customers are given a prorated refund based on the number of unused service days remaining. Refund cheques will be issued within 60 days of cancellation.

 

5. Content Warning

You acknowledge that the Services provide access to content, information and materials that are uncensored. INTER.NET makes no representation, express or implied, about such content, information or material. You acknowledge that some of the content, information and material that is available through the Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. You further acknowledge and agree that you and all those who use your Account or the Services are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent using the Services. Without limiting the foregoing, INTER.NET recommends the following for parents or guardians of minors who may be using the Services: (a) advise each minor to never divulge personal information such as his or her name, phone number or address over the Internet or the Services, and to never organize meetings with other users of the Internet or the Services without your strict supervision; and (b) supervise the use of the Services by minors and require that they inform you as to the materials and information that they access.

 

6. Your Account and Account Use

The use of any Service requires a valid Account. Regardless of whether you are the Account-holder, your use of any Service shall at all times be governed by this Agreement; however, if you are not the Account-holder, you are only permitted to use the Services with the permission of the Account-holder.

 

7. If you are the Account-holder, you are responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account. You are solely responsible and liable for any and all activities that occur under your Account, including all activities of any sub-Account holders and persons who gain access to your Account, whether with or without your permission. You agree to immediately notify INTER.NET of (a) any unauthorized use of your Account, any Service provided through your Account or any password related to your Account, or (b) any other breach of security with respect to your Account or any Service provided through it, and you further agree to provide assistance to INTER.NET, as requested, to stop or remedy any breach of security related to your Account.

 

8. Customer Information and Privacy

You acknowledge that you have read the INTER.NET Privacy Commitment at http://CA.INTER.NET/about/privacy-policy, as it may be updated from time to time (the "INTER.NET Privacy Policy"), and hereby consent to the collection, use and disclosure by INTER.NET, its affiliates, and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the INTER.NET Privacy Commitment. You also consent to INTER.NET’s and its affiliates use of such personal information in accordance with applicable terms and conditions contained in this Agreement.

 

9.You agree to provide true, current, accurate and complete customer information as prompted by INTER.NET’s registration or Account-creation process or as otherwise requested by INTER.NET or its agents from time to time and you agree to promptly notify INTER.NET of any changes to this information as required to keep such information held by INTER.NET current, complete and accurate. For greater continuity of Service, you must update your Account information at least 7 days prior to any change (see Section 16 for how this affects emergency calls for VoIP Services). Your customer information and other details about your Account and the Services are available online at INTER.NET’s “My Account Login” online at http://ca.inter.net

 

10. Billing and Payment

It is the responsibility of the customer to read and understand the following billing policies (the “Billing Policies“). INTER.NET reserves the right to change the Billing Policies at our discretion and without notice in accordance with Section 1. The Billing Policies are set out in this Section 10:

  1. Fees. As an Account-holder, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of any Service in arrears upon demand by INTER.NET, all of which shall be charged to you in accordance with the rates and conditions established by INTER.NET for the Service and as such rates and conditions may be amended by INTER.NET from time to time in accordance with this Agreement. Such rates and fees will be posted on the INTER.NET Web Site or otherwise made available to you by INTER.NET. Typically, an account will incur two types of fees:
    1. Service-Based Fees-recurring, periodic Service fees based on the Services you have selected (please refer to your invoices, My Account, and the INTER.NET Web Site for specific characteristics of your Services); and
    2. Usage-Based Fees and other Fees-depending on the Services to which you subscribe, fees based on usage (such as the number of hours or minutes used, the amount of data sent or received, or the destination or location of data transmitted and received) or other fees described in this Agreement (such as late fees or suspension fees on delinquent accounts).

    You remain responsible for all unauthorized use of your Account until you notify INTER.NET in accordance with this Agreement.

    1. Billing and Invoices. Accounts are invoiced on your Billing Date, and invoices are generated and sent electronically via e-mail. Your Service fees will be invoiced and billed in advance and must be paid in advance of each Recurring Period. Your usage-based fees for previous Recurring Period’s Services will appear on your invoice separately and are invoiced and payable separately in arrears. For greater clarity, this means that you shall pay a periodic Service fee in advance at the beginning of each Recurring Period, together with any usage charges or other fees from previous Recurring Periods. Any failure of INTER.NET to provide you with a bill or invoice pursuant to this Agreement does not affect your responsibility to pay any incurred charges.
    2. Payments and Payment Methods. All amounts invoiced are due and payable upon receipt of said invoice. The following pre-authorized or automatic payment options are available to you:
    3. Online Bill Payment. Pay invoices using your online banking account. Subject to availability. Available for most major banking institutions.
    4. Pre-Authorized Payment. To sign up for Pre-Authorized Payment, and you must either complete the “Direct Funds Transfer” form with full signature by the Account holder (contact INTER.NET customer support to obtain a copy) or complete the Pre-Authorized Payment process available online through My Account if your Account has already been activated. It is your responsibility to notify INTER.NET promptly of any changes to your bank payment information. Automatic payments are processed on the Billing Date.
    5. Credit Card. Automatic monthly payments may be made using major credit cards: Visa, MasterCard or American Express. It is your responsibility to notify INTER.NET promptly of any changes to your credit card payment information prior to your next Billing Date. To sign up for automatic monthly credit card payments, you may complete the Credit Card payment process available online through My Account if your Account has already been activated.
    6. By Cheque. You may mail a cheque payable to INTER.NET CANADA along with your invoice stub, to INTER.NET CANADA, PO. BOX 29093, Hespler RPO, Cambridge, ON, N3C 0E6

    Contact our billing department for more information or to sign up for or withdraw from any particular method of payment. Available billing and payment options may vary depending on your location, the Services you receive or your plan, and INTER.NET reserves the right to modify the types of payment it will accept, at any time, in its sole discretion.

    1. New Accounts. All Account invoices are payable immediately upon issuance. If you are set up for credit or Pre-Authorized Payments, these amounts will be automatically taken care of by your credit card company or banking institution. If these payments are declined, you will be notified by our collections department. Your Service may be suspended at INTER.NET’s sole discretion until such time as INTER.NET receives full payment.
    2. Late, Rejected and Unpaid Amounts.
    3. Rejected Payments. If any payment you make is rejected or returned for any reason, INTER.NET will charge a minimum fee of $20 processing fee to your Account, and your Account may be subject to suspension at INTER.NET’s sole discretion (A) for cheque payment methods, if not fully paid within 2 weeks of INTER.NET’s notice to you of such a rejection, and (B) for pre-authorized debit, within 1 week of INTER.NET’s notice to you of such a rejection and, (C) for other payment methods, immediately.
    4. Unpaid Accounts, Late Fees, and Delinquency Fee. 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.
    5. Suspension of Unpaid Accounts. If there is an unpaid balance on your Account over 28 days in arrears, INTER.NET 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 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.
    6. Collection. You agree to pay all costs incurred by INTER.NET in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers’ fees. As outlined in the INTER.NET Privacy Commitment, INTER.NET may release customer information to a collection agency for collection purposes only, as INTER.NET does not sell personal information.
  2. Service Plan or Payment Plan Changes. If you upgrade your Services, we will credit the unused portion however, the new service will become effective on that date, and a new billing date will apply. Any adjustments made to your Account or the Services you receive can only be made by the authorized Account holder or other authorized person listed on your Account. At the time you sign up for a different method of payment, changes in your method of payment will go into effect immediately.
  3. Username Change/E-mail Address Change. Your Account will have one or more usernames or e-mail addresses associated with it (each a “Username”). You can change your Username at any time. A password must be provided with the new Username being activated. The user passwords associated with your Username may be changed at any time free of charge. You must back up any data associated with your Account, such as web-hosted materials, before changing any Username.
  4. Cancellations. To cancel an Account or any Service, simply provide verbal notice to our contact centre and they will adjust your account accordingly. The authoritative Account holder must give notice of cancellation in accordance with Section 10 and 36 by telephone call. A cancellation number will be provided to you by your Inter.net representative at the time of cancellation.

    Customers are given a prorated refund based on the number of unused service days remaining. Refund cheques will be issued within 60 days of cancellation. Activation fees, installation fees, or any other one-time fees are non-refundable.
  5. Services Used. You, the Account-holder, shall be responsible for all usage charges on your Account, whether incurred by you or other users. It is your, and not INTER.NET’s, responsibility to track the use of your Account, including tracking any measurable units or charges that may be used in relation to your Account.
  6. Limitation Period for Billing Disputes. Unless you notify INTER.NET of any errors, discrepancies or irregularities in any billing within 30 days after they first appear on your bill or invoice, such bill or invoice will be deemed accepted by you for all purposes and you agree to release INTER.NET from any and all liability and claims of loss resulting from such errors, discrepancies or irregularities.

11. Your right to use the Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, pre-authorized payment, bank account withdrawal, or other payment method you expressly authorize INTER.NET or its agents to charge all fees and charges incurred by you under this Agreement to such payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement.

 

12. Service Limitations

The following provisions apply with respect to all Services:

  1. General Practices and Limits. You acknowledge that INTER.NET may establish general practices and limits concerning the use of the Services, including: the maximum size of any e-mail message or other data that may be sent from or received by an Account; the maximum disk space that will be allotted on INTER.NET’s servers on your behalf; the maximum amount of data, speed of data or type of data that may be sent from or received using the Services or Account; and the maximum number of days that e-mail messages, voice messages or other data will be stored on INTER.NET’s servers. Such general practices and limits shall be posted on the INTER.NET Web Site or otherwise made available to you, and you agree to comply with all such general practices and limits, regardless of when or how such limits are conveyed to you. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in INTER.NET’s sole discretion. INTER.NET reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your Account or the imposition of additional charges.
  2. Availability. All Services are subject to the availability of suitable equipment, facilities and infrastructure and consequently all Services are not available at all locations.
  3. Virus, Spam and Spyware Protection. For any Services for that any of virus protection, spam control, or spyware protection are offered, you acknowledge and agree that these features are network-level services that attempt to filter such content before reaching your equipment; however, such features will not protect your equipment from any malicious, surreptitious or disabling code, virus, Trojan horse, spyware or spam that are able to circumvent such filters.
  4. Internet-based Services. The Services depend on the Internet, including networks, cabling, facilities and equipment that is not in the control of INTER.NET; accordingly (i) any representation made by INTER.NET regarding access performance, speeds, reliability, availability, use or consistency of the Services are on a “commercial best efforts” basis, (ii) INTER.NET cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet (such as calls made using VoIP Services, or e-mail messages sent or received) may not be completely private, and your anonymity is not guaranteed.
  5. Interoperability. INTER.NET does not guarantee or make any representation or warranty that any Service will operate with any particular equipment or software, including all Internet applications and appliances. It is your responsibility to ensure that your equipment and software meet the current minimum requirements specified from time to time by INTER.NET as being necessary for access to any Service (however, compliance with such minimum requirements does not imply compatibility with the Services). From time to time, the equipment or software required to access the Services may change. Accordingly, your equipment or software may cease to be adequate to access the Services. In such circumstances, you may choose to upgrade your equipment or software, the cost of which will be borne by you, or you may choose to terminate your Account in accordance with Section 36.
  6. Compatibility. The Services or any Equipment used to access the Services may interrupt the functioning of some home or business security systems or other devices that use the same phone line(s), communications hardware or protocols. You agree that INTER.NET is not responsible for any such problems or interruptions. You are responsible for ensuring that your premises are appropriately wired to ensure proper functioning of any such security systems or other devices prior to installation of the Services.
 

12.b Flat Rate Long Distance Service ("Flat Rate Long Distance")

  1. Service Description.

    The features and rates for the Flat Rate Long Distance Services, (including call destinations that are included in the package) can be found at http://ca.inter.net

  2. 911 Service.

    1. Emergency calls cannot be made through the Flat Rate Long Distance Services. Neither 999, 112, 911, e-911 service nor any other emergency service is available through the Flat Rate Long Distance Services. If Customer dials "999" or "911"(or any other internationally recognized emergency service numbers) while using the Flat Rate Long Distance Services, Customer will not be connected to an emergency operator, nor will Customer's phone number or location be reported to an emergency operator. However, by subscribing to the Flat Rate Long Distance Services, Customer is not prevented from using his/her home phone and underlying carrier to make emergency calls.
    2. The Customer acknowledges and understands that Inter.net Canada will not be liable for any inability to dial 9-1-1 or any other emergency service using the Flat Rate Long Distance Services or to access emergency service personnel due to the 9-1-1 dialling limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INTER.NET CANADA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS INTER.NET CANADA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY SERVICE.
  3. 611/ 411/311/211 Not available.

    
The Flat Rate Long Distance Services are not a replacement for home phone services and Customer cannot make 611/411/311/211 calls through the Flat Rate Long Distance Services.

  4. Term.

    The term for the Flat Rate Long Distance Services shall begin on the date the Flat Rate Long Distance Service is activated by Inter.net Canada and shall continue for a period of thirty (30) days from the date of activation (the "Term"). The Flat Rate Long Distance Services Term shall automatically renew on the same terms and conditions for a period of 30 days ("Renewal Term") following the initial Term and each subsequent Renewal Term. Either party may terminate the Flat Rate Long Distance Services by providing verbal notice to the other party of its intention to terminate. Cancellations shall not be honored by electronic mail, fax or postal mail.

  5. Service Use.

    1. The Flat Rate Long Distance Services are to be used for voice only purposes.
    2. In the event that a customer exceeds a reasonable usage threshold, as determined by Inter.net Canada in its sole discretion, Inter.net Canada may suspend or terminate Customer’s account without notice.
    3. Inter.net Canada in its sole discretion, reserves the right to block or restrict calling in certain areas.
  6. Proper Use of Service and costs.

    Where Customer uses the Flat Rate Long Distance Services with a cell phone or with a home phone provided by an underlying carrier that is not Inter.net Canada, Inter.net Canada will not be responsible for any cellular provider or other carrier's charges to Customer. Customer understands that the following charges may be incurred by Customer, and shall be payable by Customer, when using the Flat Rate Long Distance Services:

    1. Charges incurred if Customer selects the incorrect location or incorrect local access number for Customer's location when placing the call;
    2. Charges incurred if Customer presses the "SEND" or "CALL" button (to initiate the call process) more than once at any time during the call completion process;
    3. Charges for local air time for use of Customer's
    4. Home phone service charges by the underlying carrier; and
    5. Any other cellular provider, underlying carrier or third party charges that may be incurred if the Flat Rate Long Distance Services dialling procedures are not followed correctly.
 

12.c Digital Home Phone Services ("Home Phone Services")

  1. Service Description:

    1. The features and rates for the Home Phone Services can be found at http://ca.inter.net
    2. Details of the minimum system and access requirements for the Home Phone Services, such as high speed internet, can be found at http://ca.inter.net
    3. The Home Phone Service charges include the charges for the hardware associated with running the Home Phone Service, as detailed at http://ca.inter.net. Shipping costs are not included in the charges.
  2. 911 Service.

    PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY! By using or paying for the Home Phone Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Home Phone Services for dialing 9-1-1. The Customer acknowledges and understands that the Home Phone Service offers a limited 9-1-1 type service and that such 9-1-1 type dialing differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Home Phone Service from the Customer's location of these limitations.

    1. Inter.net Canada 9-1-1 emergency dialing is only supported in software and on Analogue Terminal Adapters (ATAs) or modems provided by Inter.net Canada for use with the Home Phone Services.
    2. The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of subscription or as properly updated by the Customer from time to time.
    3. Inter.net Canada 9-1-1 emergency dialing has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, your address information associated with your telephone number is usually available to the Public Safety Answering Point at the time of your 9-1-1 call. With the Home Phone Services 9-1-1 emergency dialing, your call is being sent via the Internet rather than a traditional phone line, and as the most up to date Customer address information may not arrive with this call, a different method is required to send this Customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain your current location information.
    4. Be prepared to confirm your location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended to keep in mind that Inter.net Canada is your telephone service provider because if necessary, the Inter.net Canada central call centers can contact emergency services in severe emergency situations to attempt to help. You are also encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible. Please note that it may take up to three (3) days upon initial activation of service for your address information to fully propagate throughout the 9-1-1 systems.
    5. Home Phone Services 9-1-1 emergency dialing may not be available: during a power outage, network failure, if Customer's computer, system, equipment or wiring is malfunctioning, in the event of suspension or disconnection of the Home Phone Service because of billing issues or breach of terms of service, due to any disconnection or suspension of underlying broadband access service or due to a Force Majeure event (as defined in this Agreement). Home Phone Services 9-1-1 emergency dialing will also be unavailable during a broadband Internet outage. If there is a power outage, the Customer may be required to reset or reconfigure the ATA or modem (as the case may be), prior to being able to use the Home Phone Service, including for 9-1-1 dialing purposes.
    6. 9-1-1 dialing will not function correctly if the Customer moves or changes locations without updating the location information with Inter.net Canada. In order to have 9-1-1 calls routed correctly, Customer must update his/her service address at least three (3) days prior to moving by updating the information with Inter.net Canada Customer service by phone or at http://ca.inter.net
    7. Customer must keep the registered location information current by updating it with Inter.net Canada to help ensure success with the emergency service operator who may assume that Customer is at the last registered address if he/she is not able to speak during a 9-1-1 call. Customer's registered location information is used to accurately connect to the appropriate emergency response center so that they may trigger the appropriate emergency response.
    8. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls placed from a fixed location known to the emergency service provider.
    9. Customer should inform any household residents, guests and other persons who may be present at the physical location where the Home Phone Service is utilized of the important differences in and limitations of the 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above.
    10. Customers traveling outside of Canada will not have 9-1-1 dialing services.
    11. If Customer is not comfortable with the limitations of the Home Phone Services 9-1-1 emergency dialing, Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Home Phone Service.
    12. The Customer acknowledges and understands that Inter.net Canada will not be liable for any service outage and/or inability to dial 9-1-1 using the Home Phone Services or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INTER.NET CANADA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS INTER.NET CANADA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
  3. Term and Termination.

    The term for the Home Phone Services shall begin on the date the Home Phone Service is activated by Inter.net Canada and shall continue for a period of thirty (30) days from the date of activation (the "Term"). The Home Phone Service Term shall automatically renew on the same terms and conditions for a period of 30 days ("Renewal Term") following the initial Term and each subsequent Renewal Term. Either party may terminate the Home Phone Service by providing verbal notice to the other party of its intention to terminate. Cancellations shall not be honored by electronic mail, fax or postal mail.

  4. Porting

    1. Number Transfer or "Porting to Inter.net Canada" 
If Customer wishes to transfer or port a current telephone number to Inter.net Canada, you must complete a Letter of Authorization (the "LOA") via voice or paper and submit it to Inter.net Canada. The LOA will permit Inter.net Canada to contact your current carrier and request the port of the number to the Inter.net Canada network. Customer is responsible to cancel the service agreement with the current carrier, once informed by Inter.net Canada that the port is complete. Inter.net Canada will not be responsible for numbers that are lost, charges incurred to reclaim the telephone number, or any other porting fees, should the Customer cancel his/her service before the port is complete.
    2. Number Transfer Away From Inter.net Canada or "Porting Out" If Customer intends to change to another service provider, Customer may request to take or "port out" the telephone number supplied by Inter.net Canada to such other service provider. If Customer asks a new service provider to port a number from Inter.net Canada, Customer must provide Inter.net Canada thirty (30) days written notice of the requested port and Inter.net Canada shall terminate the Service with respect to such number after the successful completion of the port. Customer shall remain responsible for any charges and fees associated with that number until the Service is terminated. If Customer's Service has been suspended due to non-payment, Inter.net Canada reserves the right to deny the port-out request. If a port is unsuccessful for any reason, the Service and this Agreement will not terminate and Customer will continue to be responsible for any charges and fees associated with the Service and Customer's account.
  5. Directory listing.

    The telephone number(s) that Customer obtains in connection with the Home Phone Service will not be listed in any telephone directories.

  6. No 0+, Operator Assisted or 1-900 calls. The Home Phone Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls). Further, the Home Phone Service does not support 1-900 calls or other similar services. The Home Phone Service does support 411 calls, which shall be charged at a rate to be determined from time to time by Inter.net Canada, and it also supports 311 calls where available. The Home Phone Service may support certain calling card calls or other companies' flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.
  7. Long Distance. Details of the Long Distance Services Calling Package to be included with the Home Phone Service can be found at http://ca.inter.net. Calls made to locations that are not included in the Home Phone Service shall be charged to the Customer's Account in accordance with the terms and conditions herein. Rates for long distance calls outside Canada can be viewed in the rates section located on the Home Phone and High Speed Internet Bundle offerings located on the http://ca.inter.net website.
  8. Installation.

    1. The Customer shall be responsible for the installation of the Home Phone Service. If the customer would like an Inter.net Canada authorized installer to perform the work, it can be arranged, and will be billed directly to the customer by the Inter.net Canada authorized installer.
    2. Inter.net Canada' standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer's home to be prepared for installation. Customer will be responsible to make and pay for any required changes or upgrades.
    3. In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Home Phone Services, Inter.net Canada shall not be liable for any resulting delay in commencing the Home Phone Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Inter.net Canada in order to install or restore the Home Phone Services.
 

12.d Plain Old Telephone Service (POTS) Home Phone Services ("POTS Home Phone Services")

  1. Service Availability and Qualification:

    i. Customer may qualify for the POTS Home Phone Services, depending on his/her location. Qualification for the POTS Home Phone Services must be verified by contacting Inter.net Canada Customer Service and receiving confirmation of POTS Home Phone Service availability for Customer's location.
  2. Service Description:

    1. The features and rates for the POTS Home Phone Services can be found at http://ca.inter.net
    2. Details of the minimum system and access requirements for the POTS Home Phone Services, such as Inter.net Canada high speed internet, can be found at http://ca.inter.net.
    3. The POTS Home Phone Service charges include the charges for the hardware associated with running the POTS Home Phone Service, as detailed at http://ca.inter.net. Shipping costs are not included in the charges.
  3. 911:

    1. As the POTS Home Phone Service is provisioned and operates like traditional Plain Old Telephone Service (POTS), it utilizes Enhanced 9-1-1 identification and location capability. When a Customer dials '9-1-1' while utilizing the POTS Home Phone Service, the call will be routed to the nearest Public Safety Answering Point (PSAP) associated with the municipal address at which Customer has installed the POTS Home Phone Service. The address information and telephone number associated with Customer's POTS Home Phone Service will been sent along with the call to the PSAP.
    2. When Customer subscribes to the POTS Home Phone Service, he/she must provide detailed and accurate location information, including in-building identification information (such as Suite #) to accurately reflect the exact location of the Customer in the case of a potential emergency. Customer must keep the registered location information current by updating it with Inter.net Canada.
    3. While Inter.net Canada strives to follow industry best practices in the operation of Enhanced 9-1-1 services there is the possibility that 9-1-1 services may not fully function in certain circumstances, which may include but not be limited to: power outage(s), network failure, if Customer's equipment or wiring is malfunctioning, in the event of suspension or disconnection of the POTS Home Phone Service because of billing issues or breach of terms of service, or Force Majeure events.
    4. To reduce the risk that may arise from some of these circumstances, Customer should have a wired phone plugged in at its locations at all times.
    5. The Customer acknowledges and understands that Inter.net Canada will not be liable to Customer or to any third party for any inability to use the POTS Home Phone Service or to obtain access to 9-1-1 services as a result of the limitations described in this section.
  4. Term and Termination.

    The term for the POTS Home Phone Services shall begin on the date the POTS Home Phone Service is activated by Inter.net Canada and shall continue for a period of thirty (30) days from the date of activation (the "Term"). The POTS Home Phone Service Term shall automatically renew on the same terms and conditions for a period of 30 days ("Renewal Term") following the initial Term and each subsequent Renewal Term. Either party may terminate the POTS Home Phone Service by providing verbal notice to the other party of its intention to terminate. Cancellations shall not be honored by electronic mail, fax or postal mail.

  5. Porting:

    1. Number Transfer or "Porting to Inter.net Canada"
If Customer wishes to transfer or port a current telephone number to Inter.net Canada, you must complete a Letter of Authorization via voice or paper authorization (the "LOA") and submit it to Inter.net Canada. The LOA will permit Inter.net Canada to contact your current carrier and request the port of the number to the Inter.net Canada network. Customer is responsible to cancel the service agreement with the current carrier, once informed by Inter.net Canada that the port is complete. Inter.net Canada will not be responsible for numbers that are lost, charges incurred to reclaim the telephone number, or any other porting fees, should the Customer cancel his/her service before the port is complete.
    2. Number Transfer Away From Inter.net Canada or "Porting Out"
If Customer intends to change to another service provider, Customer may request to take or "port out" the telephone number supplied by Inter.net Canada to such other service provider. If Customer asks a new service provider to port a number from Inter.net Canada, Customer must provide Inter.net Canada thirty (30) days written notice of the requested port and Inter.net Canada shall terminate the Service with respect to such number after the successful completion of the port. Customer shall remain responsible for any charges and fees associated with that number until the Service is terminated. If Customer's Service has been suspended due to non-payment, Inter.net Canada reserves the right to deny the port-out request. If a port is unsuccessful for any reason, the Service and this Agreement will not terminate and Customer will continue to be responsible for any charges and fees associated with the Service and Customer's account.
  6. Directory listing.

    The telephone number(s) that Customer obtains in connection with the POTS Home Phone Service will not be listed in any telephone directories.

  7. No 0+, Operator Assisted or 1-900 calls.

    The POTS Home Phone Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls). Further, the POTS Home Phone Service does not support 1-900 calls or other similar services. The POTS Home Phone Service does support 411 calls, which shall be charged at a rate to be determined from time to time by Inter.net Canada, and it also supports 311 calls where available. The POTS Home Phone Service may support certain calling card calls or other companies' flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.

  8. Long Distance.

    Details of the Long Distance Services Calling Package to be included with the POTS Home Phone Service can be found at http://ca.inter.net. Calls made to locations that are not included in the POTS Home Phone Service shall be charged to the Customer's Account in accordance with the terms and conditions herein.

  9. Installation.

    1. Basic installation of the POTS Home Phone Service at Customer's location, as detailed at http://ca.inter.net, shall be performed by a Inter.net Canada authorized installer and shall be included in the charges for the POTS Home Phone Services. It is the Customer's responsibility to provide, prepare and maintain its location for the installation of Inter.net Canada' equipment necessary for Inter.net Canada to provide the POTS Home Phone Service, including ensuring that Customer's cabling, internal network and power requirements all meet the minimum network requirements specified by Inter.net Canada. Such provision, preparation and maintenance shall comply with Inter.net Canada' specifications and shall be at the Customer's expense.
    2. For those customers who do not qualify for the free installation, they shall be responsible for the installation of the Home Phone Service. If the customer would like a Inter.net Canada authorized installer to perform the work, it can be arranged, and will be billed directly to the customer by the Inter.net Canada authorized installer.
    3. Inter.net Canada' standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer's home to be prepared for installation. Customer will be responsible to make and pay for any required changes or upgrades.
    4. In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the POTS Home Phone Services, Inter.net Canada shall not be liable for any resulting delay in commencing the POTS Home Phone Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Inter.net Canada in order to install or restore the POTS Home Phone Services.
 

13. Dial-Up Service-Specific Provisions

You acknowledge that it is possible that the access numbers used by your modem to connect to the Dial-Up Services may result in additional or long distance charges being billed to you. You are solely responsible for determining whether the access numbers you are using are subject to any additional or long distance charges and you agree to pay all such charges, including those that may be billed to you by a third party. INTER.NET will not reimburse you for any charges incurred by you as a result of selecting access numbers that are subject to additional or long distance charges.

14. Notwithstanding any provision to the contrary, INTER.NET may temporarily disconnect your access to the Service for “inactivity”, “inactivity”; defined as logging into the Dial-Up Services for an extended period without any network activity. You may not use any software or any other device for the purpose of simulating network activity (such as “keep alive” software) to avoid inactivity disconnection.

 

15. High Speed Service-Specific Provisions

Without limiting the generality of Section 12(a), High Speed Services have transfer rate limits as described in your Account plan. If your transfer rate exceeds these limits, extra fees may be charged per gigabyte or INTER.NET may, at its sole discretion, terminate or suspend your Service or Account.

 

16. VoIP Service- Home Phone Services Specific Provisions

911 Service. PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY! By using or paying for the Home Phone Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Home Phone Services for dialing 9-1-1. The Customer acknowledges and understands that the Home Phone Service offers a limited 9-1-1 type service and that such 9-1-1 type dialing differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Home Phone Service from the Customer's location of these limitations.

  1. Inter.net Canada 9-1-1 emergency dialing is only supported in software and on Analogue Terminal Adapters (ATAs) or modems provided by Inter.net Canada for use with the Home Phone Services.
  2. The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of subscription or as properly updated by the Customer from time to time.
  3. Inter.net Canada 9-1-1 emergency dialing has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, your address information associated with your telephone number is usually available to the Public Safety Answering Point at the time of your 9-1-1 call. With the Home Phone Services 9-1-1 emergency dialing, your call is being sent via the Internet rather than a traditional phone line, and as the most up to date Customer address information may not arrive with this call, a different method is required to send this Customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain your current location information.
  4. Be prepared to confirm your location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended to keep in mind that Inter.net Canada is your telephone service provider because if necessary, the Inter.net Canada central call centers can contact emergency services in severe emergency situations to attempt to help. You are also encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible. Please note that it may take up to three (3) days upon initial activation of service for your address information to fully propagate throughout the 9-1-1 systems.
  5. Home Phone Services 9-1-1 emergency dialing may not be available: during a power outage, network failure, if Customer's computer, system, equipment or wiring is malfunctioning, in the event of suspension or disconnection of the Home Phone Service because of billing issues or breach of terms of service, due to any disconnection or suspension of underlying broadband access service or due to a Force Majeure event (as defined in this Agreement). Home Phone Services 9-1-1 emergency dialing will also be unavailable during a broadband Internet outage. If there is a power outage, the Customer may be required to reset or reconfigure the ATA or modem (as the case may be), prior to being able to use the Home Phone Service, including for 9-1-1 dialing purposes.
  6. 9-1-1 dialing will not function correctly if the Customer moves or changes locations without updating the location information with Inter.net Canada. In order to have 9-1-1 calls routed correctly, Customer must update his/her service address at least three (3) days prior to moving by updating the information with Inter.net Canada Customer service by phone or at http://ca.inter.net
  7. Customer must keep the registered location information current by updating it with Inter.net Canada to help ensure success with the emergency service operator who may assume that Customer is at the last registered address if he/she is not able to speak during a 9-1-1 call. Customer's registered location information is used to accurately connect to the appropriate emergency response center so that they may trigger the appropriate emergency response.
  8. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls placed from a fixed location known to the emergency service provider.
  9. Customer should inform any household residents, guests and other persons who may be present at the physical location where the Home Phone Service is utilized of the important differences in and limitations of the 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above.
  10. Customers traveling outside of Canada will not have 9-1-1 dialing services.
  11. If Customer is not comfortable with the limitations of the Home Phone Services 9-1-1 emergency dialing, Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Home Phone Service.
  12. The Customer acknowledges and understands that Inter.net Canada will not be liable for any service outage and/or inability to dial 9-1-1 using the Home Phone Services or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, INTER.NET CANADA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS INTER.NET CANADA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
 

17. Long Distance Call-Specific Provisions

Rates and Fees. Some of the 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’s then-current rates and fees for such calls. INTER.NET will make its rates and fees for long distance telephone calls available on its website at http://CA.INTER.NET. INTER.NET may, in its sole discretion, change such rates and fees upon at least 30 days prior notice posted at such website.

18. Unlimited Long Distance Plan Limitations and Prohibitions.

Even for unlimited long distance plans, INTER.NET, 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’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 centers; (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.

19. New Services

New products/services offered by INTER.NET could result in immediate updates or changes to INTER.NET agreements.

 

20. Support

The INTER.NET Customer Support Team will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the INTER.NET Web Site. Assistance is limited to your problems using the Services or your Account and may exclude problems related to certain equipment and software, as specified by INTER.NET, in its discretion. INTER.NET cannot guarantee the resolution of any particular problem or Services interruption, and your sole remedy in the event of your dissatisfaction or INTER.NET’s failure to resolve any particular problem is to terminate the Agreement in accordance herewith.

 

21. Service Installation, Maintenance and Removals

The following provisions apply to all installations, maintenance, inspections, repairs or removals of any Service or Equipment, whether by you or by or on behalf of INTER.NET:

  1. Installation Services. The standard installation configuration for self-installation or INTER.NET installation only includes the installation of the Service access device, such as a High Speed modem for High Speed Services or a combination modem/ATA for VoIP Services (the “Service Access Device“), and related components to one stand-alone computer or non-networked server. If you wish to connect additional computers to the Internet or to your home network, you are responsible for installing and maintaining the necessary systems and their configurations. You are required to show that your equipment is functioning properly prior to INTER.NET doing any work on your equipment (where applicable).
  2. Hardware/Software Requirements. Many Services require you to have suitable hardware (such as a network interface card) or software (such as an operating system) installed in your computer before accessing the Services is possible, and INTER.NET will not install, remove from or rearrange any such software or hardware unless expressly provided for hereunder or at INTER.NET’s sole discretion. You acknowledge and agree that INTER.NET is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including any equipment or software used in connection with the Services.
  3. Access. By electing for any installation services provided by or on behalf of INTER.NET, you authorize INTER.NET, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services.
  4. Time of Access. INTER.NET will exert commercially reasonable efforts to arrange for access to your premises at a time that is mutually convenient for you and INTER.NET.
  5. Availability. You acknowledge and agree that final confirmation of Service availability cannot occur until the necessary equipment is installed at your premises and tested in such environment. Installation options available for certain Services, including High Speed Services and VoIP Services will depend upon your location. Not all installation options or Services are available at all locations.
  6. Standards. At all times, you must provide: (i) an adequate, standard household power outlet within 1.8 meters of the location that the Service Access Device is to be installed; (ii) a suitable location for the installation of the Service Access Device and associated components within 1.8 meters of the computer to be used for access to the Services and that provides reasonable ventilation and protection from damage to, or theft or loss of, the Service Access Device and associated components.
  7. Additional Charges. Additional charges shall apply when it is necessary for INTER.NET to install special equipment or software or to incur an unusual expense to establish or install the Services. All site visits for moves, changes, rearrangements or re-installations of a Service will involve a minimum charge, unless otherwise specified by INTER.NET.
  8. No liability. In accordance with INTER.NET’s exclusion of liability to you as described in Section 32, INTER.NET recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any Services, software, Service Access Devices or related components.

Digital Home Phone & High Speed Internet Bundle Installation. For a limited time Inter.net Canada is waiving the $150.00 fee for in-home installation when you register for the Digital Home Phone & High Speed Internet Bundle. Installation details: A new modem will be installed to replace your current modem. In the event that you do not have a modem, your new modem will be installed to an existing phone jack of your choice. The modem has two phone ports that will allow up to two (2) phones to be plugged in. You may wish to install a cordless phone base station to one of these jacks. This will allow you to use cordless phones throughout your residence. If all of your phones are live, and you would like this set-up to remain, the installers can connect your new modem to the demarcation point (the point at which the telephone company's network ends and connects with the wiring inside your house). This will enable the continued functioning of your existing phone jacks. The Bundle installation does not include any wiring. However, inside wiring can be performed by our installation partner and will be billed directly to you by them. In-home installation is available in major centres only and is subject to availability. In some areas in-home installation is not available due to distance restrictions however, we provide professional support for a simplified self installation which is available for other areas, please call for details. If you are not home the day of your installation a one time fee is charged in the amount no greater than $50 per occurrence depending on location.

 

22. INTER.NET Equipment

If INTER.NET provides you with any Equipment, including Service Access Devices or related components, as part of the Services (collectively, “INTER.NET Equipment“), you acknowledge and agree that such INTER.NET Equipment are at all times owned by INTER.NET and that nothing in this Agreement grants you any right, title or interest in or to such INTER.NET Equipment except as expressly set out herein. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of such INTER.NET Equipment.

23. You agree that all INTER.NET Equipment is exclusively for use in connection with the Service. You agree not to tamper or modify the device in any manner including changing the electronic serial number or other identification code of such INTER.NET Equipment, altering the firmware of such INTER.NET Equipment or performing factory resets. You agree to use all INTER.NET Equipment in the manner and for the purpose for which it was intended and solely as expressly permitted under this Agreement.

24. INTER.NET Equipment must be returned in accordance with Section 40 upon termination, cancellation or deactivation of your Account or Services for any reason.

25. You agree not to access the Service with any Equipment or device that has been modified, tampered, or altered to (a) change the electronic serial number or identification code, or (b) circumvent any access controls, limitations or security mechanisms in connection with the Service.

 

26. Software Supplied by INTER.NET

You agree that any and all software and documentation that forms part of the Services or that is supplied by INTER.NET, its agents or representatives for use in connection with the Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of INTER.NET or its suppliers and is supplied subject to the terms of this Agreement, including the Disclaimers and Limitations of Liability herein, and the terms of any applicable software license made available to you by INTER.NET. Unless otherwise expressly authorized by INTER.NET or in the applicable Software license, you agree not to:

  1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software;
  2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software;
  3. remove any proprietary notices or labels on or in the Software; or
  4. allow any other person or entity to engage in any of the foregoing activities.
 

27. Acceptable Use and Prohibitions

You agree to fully abide by each of the following terms and conditions regarding the acceptable and prohibited use of the Services:

  1. Background. INTER.NET is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet and the Services for our members and for other users, we require full compliance with these acceptable use provisions.
  2. Lawful Use. The Services may be used only for lawful purposes.
  3. Prohibited Conduct. Without limiting the generality of the foregoing, you further agree that you will not:
    1. post, upload, reproduce, distribute or otherwise transmit (A) unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam” (whether or not using e-mail services, such as Instant Messaging spam) or any other duplicative or unsolicited messages, surveys, contests or pyramid schemes, (B) any information, material or software that contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, (C) inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, (D) information or materials where such activity gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of INTER.NET or any third party; such violations include engaging in copyright infringement, invasion of privacy, trademark infringement and defamation, or (E) information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
    2. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
    3. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass;
    4. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;
    5. impersonate or falsely represent your association with any person, including a INTER.NET representative;
    6. export equipment (including the INTER.NET Equipment, any Service Access Device and related components), software or data outside of Canada or the United States in contravention of applicable export control legislation;
    7. violate established or accepted network etiquette, applicable charters, FAQs, policies, rules or guidelines of INTER.NET or other parties;
    8. disrupt or threaten the integrity, operation or security of any Service, any computer or any Internet system;
    9. engage in conduct that elicits or is likely to elicit complaints from other Internet users, restricts or inhibits any other person from enjoying the Service or the Internet, or, in the sole judgement of INTER.NET, is otherwise objectionable;
    10. violate this Agreement as it may be updated from time to time;
    11. use or register INTER.NET’s trade-marks, trade names or logos, including any such trade-marks, logos or service marks displayed on any web site(s) operated by INTER.NET, without INTER.NET’s express prior written permission;
    12. share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, any Service, except where expressly authorized by INTER.NET;
    13. extract, gather, collect, or store personal information about others without their express consent; or
    14. allow any other person or entity to engage in any of the foregoing activities while using your Account.
  4. No Servers. You are not permitted to operate an e-mail, web, news or other similar server for any purpose through any Service , except as may be specified by INTER.NET from time to time in its sole discretion.
  5. Notification regarding Prohibited Use. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out above, which involves your Account, you agree to immediately notify INTER.NET and provide INTER.NET with assistance, as requested, to stop or remedy such violation.
  6. INTER.NET’s Remedies. Without limiting any of INTER.NET’s rights to suspend, restrict or terminate your Services or Account as described elsewhere in this Agreement, INTER.NET may suspend, restrict or terminate your Services or Account without notice if, in INTER.NET’s sole and absolute discretion, INTER.NET determines or believes that you have violated any of the acceptable use rules set out above.
 

28. Proprietary Rights

You acknowledge and agree that:

  1. Third-Party Content-content, including text, software, music, sound, photographs, video, graphics or other material accessed or available through the Services or the Internet may be owned by parties other than you (including INTER.NET and third parties) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws;
  2. INTER.NET Content-except where expressly stated otherwise, all programs, Services, processes, designs, technologies, materials and all other things comprising the Services are owned by INTER.NET, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws;
  3. Your Content-INTER.NET does not claim ownership of information, materials, software or other content (collectively, the “Customer Content”) that you post, upload, input, provide, submit or otherwise transmit to INTER.NET, or any third party using the Services; however, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Content to INTER.NET or any third party using the Services, you have thereby granted INTER.NET a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such Customer Content to the extent reasonably required by INTER.NET to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement;
  4. IP Addresses; E-Mail Addresses; Telephone Numbers, etc.- except where otherwise specified by INTER.NET, telephone numbers for VoIP Services and numbers and addresses for other Services (such as both static and dynamic IP addresses and e-mail addresses) assigned to you by INTER.NET during the term of this Agreement remain the property of INTER.NET at all times and INTER.NET reserves the right to change such telephone numbers, numbers and addresses assigned to you at any time;
  5. Advertising-INTER.NET shall have the right, without notice, to insert advertising data into the Internet browser used by a INTER.NET customer, and transferred to a INTER.NET customer over INTER.NET’s network, so long as this does not involve INTER.NET transmitting any personal information of the customer to whom such data is sent in contravention of the INTER.NET Privacy Commitment;
  6. Public Transmission-the technical processing and transmission of the Services, including the Customer Content and other content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices; and
  7. Caching-You further acknowledge that any Customer Content, materials or information that you may access through the Services may be subject to “caching” or other policies and procedures at intermediate locations on the Internet.
 

29. Compliance Measures and Complaints

You acknowledge and agree that INTER.NET has no obligation to censor or monitor use of the Services by you, any customer or any third party, including any obligation to censor or monitor any Customer Content, material or other information sent, received or accessible by you through the Services or the Internet. However, you agree that INTER.NET has the right to, without notice, monitor use of the Services and monitor, review and retain such Customer Content, material or information if INTER.NET reasonably believes that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect you, itself or others.

30. If INTER.NET receives a complaint relating to use of the Services by you or through your Account, you acknowledge and agree that INTER.NET may, in its sole and absolute discretion and without notice or liability: investigate the complaint; restrict, suspend or terminate any Accounts or Services involved; or remove any Customer Content, information or materials from its servers.

 

31. DISCLAIMERS AND LIMITS OF LIABILITY

CUSTOMER ACKNOWLEDGEMENT-YOU ACKNOWLEDGE AND AGREE THAT: (A) ALL USE OF THE SERVICES IS AT YOUR OWN RISK; (B) THE INTER.NET WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY INTER.NET OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN; AND (C) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

32. DISCLAIMER OF WARRANTIES-INTER.NET MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT, THE NETWORKS OF THIRD PARTIES OR ANY CONTENT SENT OR RECEIVED USING OR THROUGH THE SERVICES. INTER.NET 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.

33. NO LIABILITY-NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL INTER.NET, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE “INTER.NET 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 ANY SOFTWARE OR SERVICE ACCESS DEVICE OR RELATED COMPONENTS, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE INTER.NET ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:

  1. 911 SERVICE OUTAGE, DELAYS, ERRORS OR OMISSIONS OR YOUR INABILITY TO (I) PLACE 911 CALLS USING YOUR SERVICES OR (II) ACCESS EMERGENCY SERVICE PERSONNEL;
  2. 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;
  3. ANY SUSPENSION, CURTAILMENT, RESTRICTION, TERMINATION OR OTHER LIMITATION PLACED ON YOUR SERVICES OR YOUR ACCOUNT;
  4. 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;
  5. 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 SERVICE ACCESS DEVICE OR RELATED COMPONENT;
  6. THE PERFORMANCE OF THE INTERNET OR THE SERVICES;
  7. 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;
  8. 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;
  9. 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 INTER.NET’S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
  10. INSTALLATION OR MAINTENANCE OF THE SERVICES, WHETHER BY YOU, INTER.NET OR THIRD PARTIES, INCLUDING IF AN INSTALLATION APPOINTMENT FOR THE SERVICES IS MISSED, EITHER BY INTER.NET OR BY ANY THIRD PARTY INSTALLER.

34. 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 INTER.NET ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE INTER.NET ENTITIES FOR DAMAGES IS LIMITED TO $100.00.

35. APPLICABILITY-SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THIS AGREEMENT CONSISTENT WITH SUCH PROHIBITIONS.

36. INDEMNITY-YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE INTER.NET ENTITIES FROM ALL DEMANDS, CLAIMS, AWARDS, ACTIONS, PROCEEDINGS, DAMAGES, LOSSES, COSTS, CHARGES AND EXPENSES, INCLUDING LEGAL FEES, INCURRED BY OR MADE AGAINST ANY OF THE INTER.NET ENTITIES, WHICH RESULT FROM OR RELATE TO:

  1. ANY FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 CALLS;
  2. ACCESS TO OR USE, BY YOU OR ANY THIRD PARTY, OF THE SERVICES, ANY SERVICE ACCESS DEVICE OR RELATED COMPONENTS, OR YOUR ACCOUNT; OR
  3. ANY OF YOUR ACTS OR OMISSIONS, INCLUDING BREACH OR NON-PERFORMANCE OF THIS AGREEMENT AND ANY VIOLATION OF THIRD PARTY RIGHTS.
 

37. Termination

Termination by You. Please be advised only the Account holder may terminate their Account. You may stop using the Services at any time, but INTER.NET will continue to bill you until you terminate your Account or the Services in accordance with this provision. You may cancel your Account or any Services by:

  1. Cancelling direct with a INTER.NET customer service agent by telephone and specifying the following: (i) your request for Account or Service termination; (ii) your name and contact telephone number; (iii) your Username and password; (iv) if a pre-authorized or automatic payment plan is used for your Account, the last 4 digits and expiry date of your credit card or the last 4 digits of your financial institution Account number and the name of the financial institution used for billing; and (v) your reason for terminating your Account. INTER.NET will process your termination request effective immediately.

INTER.NET will process your termination request effective on the day immediately before the next Billing Date, provided INTER.NET received your request at least the number of days specified in this Section 37 before that Billing Date.

38. Termination by INTER.NET. INTER.NET may, in its sole discretion, suspend, restrict or terminate your Services or your Account, effective at any time, without notice to you, for any reason, including because:

  1. the operation or efficiency of the Services or INTER.NET’s or any third party’s equipment or network is impaired by the use of the Services from your Account;
  2. any amount is past due from you to INTER.NET;
  3. INTER.NET has received a third party complaint which relates to the use or misuse of the Services from your Account;
  4. you have been or are in breach of any term or condition of this Agreement; or
  5. the Account contains invalid contact information.

39. Effect of Termination. Subject to Section 51, termination of your Account by you or INTER.NET automatically terminates this Agreement, but shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective. If your Account or any Service is suspended, restricted or terminated, INTER.NET shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other Customer Content related to your Account and you acknowledge that all such messages, information and Customer Content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon suspension, restriction or termination of your Account, all e-mail addresses related to your Account may be immediately deleted or reassigned to other customers.

40. No Notice of Termination. INTER.NET shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your Account or any of your Services.

41. Return of Equipment. You agree to return any INTER.NET Equipment to INTER.NET within 30 days of termination (whether by cancellation, deactivation due to non-payment or any other reason) of your Account or those Services to which INTER.NET Equipment relates, unless otherwise directed by INTER.NET. If you do not return such INTER.NET Equipment in accordance with the foregoing, if such INTER.NET Equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such INTER.NET Equipment, you agree to pay a replacement charge, plus applicable taxes, without limiting or affecting any right available to INTER.NET in at law or in equity.

 

42. General

Interpretation. In this Agreement, any word is deemed to include the masculine, feminine, neuter, singular or plural form thereof as the context so required. The captions and headings used in this Agreement are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the Customer Contents of this Agreement. The word “including“, the word “includes” and the phrase “such as“, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting the general statement or term to any specific item or matter set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its broadest possible scope, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected.

43. Waiver of Rights. The failure of INTER.NET to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and INTER.NET nor trade practice shall act to modify any provision of this Agreement.

44. Severability. If any of the provisions of this Agreement or any part thereof shall be or held to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provisions or parts thereof, and the rights and obligations of the parties shall be construed and enforced accordingly, with the invalid or unenforceable provisions or parts modified so as to be limited and enforced to the fullest extent possible.

45. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts of Canada in connection with any matter arising under this Agreement.

46. Limitation Period. Any cause of action you may have with respect to this Agreement or the Services must be commenced within one year after the claim or cause of action arose, or it shall be barred.

47. Internet References. All references to INTER.NET Web Site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).

48. Assignability. INTER.NET may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.

49. Inurement. This Agreement will inure to the benefit of and bind you and INTER.NET and our respective personal and legal representatives, successors and permitted assigns.

50. Currency. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.

51. Remedies. The rights, powers and remedies of INTER.NET in this Agreement, including without limitation the right to suspend, restrict or terminate any Service or Account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to INTER.NET at law or in equity.

52. Survival. The following provisions shall survive termination of this Agreement: Sections 5, 10, 11, 12, 13, 18, 19, 20, 22, 23, 27, 28, 29, 31, 32, 33, 34, 35, 36, 39, 40, 41, and 42 through 56 (inclusive) and any other provisions that, by their meaning, are intended to survive termination of this Agreement.

53. Relationship. You agree that no joint venture, partnership, employment or agency relationship exists between INTER.NET and you as a result of this Agreement or use of your Account or any Services.

54. Force Majeure. Neither party shall be responsible for a failure to fulfil its obligations under this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of God, acts of government, war, riots, strikes and accidents in transportation (collectively, “Force Majeure”).

55. Entire Agreement. This Agreement, as amended from time to time, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between INTER.NET and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between INTER.NET and you with respect to such matters.

56. English Language. The parties have requested and agree 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 soinet rÉdigÉs en anglais.

Last Updated: November 30, 2011

Commissioner for Complaints for Telecommunications Services (CCTS)
CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.