Telcom North Technologies Customer Agreement : Terms and Conditions of Service/Fair Use Policy/Privacy Policy

Definitions

”We,” “us,” or “our” refers to Telcom North Technologies, its affiliates and subsidiaries.

”You” or “your” refers to the current and/or potential customer (individual, business or corporation) who subscribes to our services or purchases products, and/or the customer’s employees, officers, directors, agents, representatives, and end users, and every person authorized to act as the customer’s agent.

”Agreement” or “Terms” means this document, and no other, our agreement with you.

“Service” or “Service(s)” means any service or services generally sold by, or provided by us and which you receive from us as a customer.

“Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services.

“Identifier,” “Identifiers” means any telephone number, internet protocol (IP) address, email address, web hosting address, host name, account number, user name, or similar identifier assigned to you by us.

General

This Agreement applies to all Services obtained by you from us and is effective from the time that you agree to it by either placing an online or telephone order, until such time that it is terminated in accordance with the provisions herein.

In order to obtain a subscription to a Service you must be the age of majority according to laws of the Province or Territory if Canada applicable to the Terms and by agreeing to the Terms you represent that you are of the age of majority to such applicable laws.

You are solely responsible for the access to and use of the Services, including any of your employees, officers, directors, agents, as well as your end users, including any breach of the Terms. You agree to take all necessary measures to ensure that such persons use the Services in accordance with this Agreement. You use of the Services means that you agree with the terms and conditions of the Agreement. If you do not agree with any part of this Agreement, your sole and exclusive remedy is to terminate this Agreement in accordance with the termination provisions provided in it.

Our privacy policy, found in this document, is modified periodically and governs the collection, use, and disclosure of Personal Information as defined herein, and forms a binding part of this Agreement.

You agree to provide all necessary infrastructure, including without limitation, power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of equipment provided by us and equipment provided by you or a third party in accordance with Canadian Standards Association specifications or other governing bodies specifications or regulations as applicable.

You shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with of affect in any way the provision of the Services by us.

You agree not to tamper with, alter or otherwise rearrange the Services nor permit or assist others to abuse of fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or our network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.

As a condition of using each Service you agree to and must comply with the Agreement. The Agreement constitutes a binding contract between you and us with respect to the provision of each Service to which you subscribe by us and is binding on both you and us.

You agree to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by us periodically to the extent you are receiving am internet based service, and (ii) any third party software license terms and conditions in respect of software used by you in connection with the use of the Services

You are solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by us. We shall not be responsible if any changes in the Services causes equipment, hardware or software not provided by us to become obsolete, require modification or attention, or otherwise affect performance of same.

The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario.

You and we understand that the Canadian Radio-television and Telecommunications Commission, or other regulators, government departments or agencies may impose regulations on our Services. If new regulations are imposed on us, we are authorized to make changes to the Agreement to reflect the new regulations, and we shall post such changes in this document, or our website. We retain the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

We may, in our sole discretion and without your consent, migrate your Services to other networks and platforms or change our suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, we may effect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of any Service and other deliverables provided to you hereunder, to ensure continuity of such Service and the integrity of our network, and/or to comply, as necessary, with manufacturers’ requirements. You expressly agree that any such migration or change does not constitute amendment or material change to the Agreement of to the Services.

Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

We may assign our rights and obligations under the Agreement without your consent. Youmay not assign or transfer the Agreement without our prior consent.

You shall not in any way resell, license or allow any third party to use Services without receiving our prior written consent. You may not share of transfer your Services without our express written consent.

The Agreement, as amended, periodically, constitutes the entire agreement and understanding between you and us for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter.

We may change, at any time, any charges, features, content, structure or any other aspects of the Services, as well as any term or provision of the Agreement, upon notice to you, such notice to be provided via our website 30 days in advance. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Agreement, as provided herein.

In no event shall we be liable for any failure to comply with the Agreement if such failure results from any condition or event beyond our reasonable control including but not limited to computer hacking, security breach, fire, flood, earthquake, any elements of nature, theft, riot, strike or other labour disturbance, power failure, war or acts of terrorism.

Neither the course of conduct between us not trade practice modifies any provision of the agreement.

In any provision of the Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of its other provisions.

The provisions of those sections of the Agreement that are, by their nature intended to survive termination of this agreement, shall survive such termination. For example, and without limitation, those relating to our rights to collect amounts owing at the time of Termination of this Agreement, your obligation to return Equipment belonging to us upon termination of this Agreement, no warranties, limitations of liability (including without limitation, all such bolded provisions throughout the Agreement), indemnities (including without limitation, all such bolded provisions throughout the Agreement), Privacy Policy, terminations and consequences of termination of the Agreement, entire Agreement, severability, waiver, no modification of Agreement through course or conduct, enurement, assignment, and restrictions thereon, survival, language, governing law, provisions relating to the limitations of 911 service and limitations of liability for 911 service, and definitions and provisions relating to the interpretation of the Agreement relevant to any of the other provisions that survive the termination of this Agreement.

The Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on our respective successors and assigns.

The parties have required that the Agreement and all documents relating thereto to be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s’y rattachent soient rediges en anglais.

Emergency Services: Differences/Limitations on Telcom North Technologies 911 Calls

911 services provided by Telcom North Technologies (VOIP) Services have important differences and limitations compared to the basic 911 or enhanced (E911) services available in most locations in conjunction with traditional telephone service.

Unlike the basic 911 or E911, your call is not routed directly to the nearest emergency response center, your telephone number and location is not automatically provided to the 911 operator, and the operator in not able to prevent you from disconnecting the emergency call.

With our Service, 911 calls are sent to a national emergency response center. If you make a 911 call using our Services, you must be prepared to provide or confirm your location information and call back telephone number prior to being transferred to the emergency response center nearest your location.

You must keep your location information registered and current with us at all times. If you are not able to speak during a 911 call, emergency response may be dispatched to your last registered 911 address. 911 address registration and updates must be performed via communications with our offices

Do not disconnect the call to 911 unless told to do so, and if disconnected, dial 911 again.

You must update your 911 address each time you activate or change Service, move your equipment, or add, change, remove, port-in, or port-out a telephone number. 911 address registration and updates may be performed via communication with our offices.

911 may not be available during a power outage, will not be available during an internet service outage (whether the Internet service is provided by Telcom North Technologies or not), and will not work if your Service is disconnected or suspended or your Internet service (whether provided by Telcom North Technologies or not) is suspended or disconnected.

In order to reduce the probability of 911 unavailability during a power outage, you agree to connect all equipment through an uninterruptable power supply (“UPS”) provided by you and to regularly replace the rechargeable battery it contains.

Following a power outage, you may need to restart/reconfigure your equipment prior to using the Service, including 911 calling

There may be a greater possibility of network congestion and/or reduced speeds in the routing of a 911 call made using our Services as compared to 911 over traditional telephone lines.

Should you operate your Service outside the boundaries of the local telephone exchange associated with the telephone number you have been assigned, and/or outside the municipal address registered with us for you, either temporarily or permanently, 911 service and/or emergency 911 will not be made available. Should you operate your Service with a telephone number other than the one assigned for your Service, either temporarily or permanently, 911 service and/or emergency 911 may not be available.

Should you not properly install equipment provided by or through us or maintain its proper installation configuration where a self-installation option is permitted or should you tamper with the equipment of the installation of any of the equipment provided by or through us to deliver VoIP or High-Speed Internet Services, your 911 service and/or emergency 911 may not be available.

Immediately following installation of your equipment and following every power outage, or if you have reason to believe that anyone has tampered with your equipment or that it has failed, you should make a call to a non-911 number using your Service . You are responsible for contacting our technical support if you suspect an issue with the Service.

We do not offer an operator service, so emergency services cannot be accessed by dialing “0.”

You agree not to use the Services outside of Canada.

If you are not comfortable with the limitations of 911 calls using our Services, you should have an alternate means of accessing traditional 911 or E911 or should discontinue using the our Services.

You agree that you have understood all of the 911 limitations of our Services and that you will make all other potentials users of our Services aware of these limitations as well.

We do not have any control over whether, or in the manner in which, 911 calls using our Services are answered or addressed by any local response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing 911 calls to local response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither us or our officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 calls over our Services unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Telcom North Technologies, its officers, directors, employees, affiliates and agents and any other service provider who furnishes service to you in connection with Services, from any and all claims, losses, damages, fines, penalties, cost and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of Services, including 911 calling, incorrectly routed 911 calls, and/or the inability of any user of Services to be able to make 911 calls or access emergency service personnel.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, UNDERLYING CARRIERS AND AFFILIATED PARTNERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OF INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OF 911 SERVICE AND/OR EMERGENCY 911 BY US, INCLUDING WITHOUT LIMITATION ANY INABILITY ON YOUR PART TO ACCESS 911 SERVICE AND/OR EMERGENCY 911 IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON WHATSOEVER.

If you do not agree with anything related to 911 calling, or with the Agreement, do not subscribe to our Services or terminate Services immediately if they are active, in accordance with out termination provisions of this Agreement.

Equipment

In order to obtain certain services, including but not limited to “DSL” or “VoIP,” you may have to purchase or lease certain additional Equipment and/or obtain additional services from one or more other telecommunications providers.

Self-installation of Equipment is not allowed for certain Services and uses Equipment other than that provided by us is not allowed for certain Services. We assume no liability for any damages or losses caused if you choose to self-install.

Where self-installation is allowed, for any equipment or software provided by you or a third party, you shall arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure at all times that such equipment or software is stored, installed, used, and maintained according to the manufacturer’s specifications and our specifications.

We may either lend at no charge equipment for testing and diagnostic purposes or may provide for your use equipment to rent. All such equipment remains our property at all times and must be returned to us at your expense when requested by us.

You are responsible for the loss of and risk or damage to equipment owned by us to the maximum extent permitted by law. You must take all reasonable care with the equipment.

You may not sell, lease, mortgage, transfer, assign or encumber any equipment owned by us.

You may not reconfigure or relocate and equipment owned by us without our knowledge and expressed consent.

Equipment and related Softwrae may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (for example, 911 calling), Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updaying or maintaining your Equipment and Software as necessary to meet such requirements, and you may not be entitled to support from us if you fail to do so. If you do not update your Equipment and Software as required, your Service may also cease to be accessable, in which case your sole and exclusive remedy is to stop using the Service and terminate it in accordance with termination provisions in this Agreement.

Equipment must be returned in the same condition in which it was provided. You may not return unclean or damaged Equipment. Without limiting the generality of the foregoing, damaged equipment includes that which is stained, scratched, painted, insect infested, burned, cracked, missing parts, and/or otherwise damaged or non-operational, as determined solely by us.

Missed Installation Appointments

Unless otherwise specified set out in the Agreement, to the maximum extent permitted by applicable law, neither Telcom North Technologies or its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers or agents (and their respective employees, officers, directors, shareholders and representatives) will be liable to you or to any third party for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for aa Service is missed, either by us or by any third party installer.

Telephone / phone / VoIP Services

You acknowledge that all VoIP services require Internet access (whether provided by us or not) having certain characteristics.

Should your Services include a requirement for Local Number Portability or equal access, your entry into the Agreement also authorizes us, directly or through out third party telecommunications service providers, to port the requested telephone number(s) from your local and/or long distance service provider(s), onto our local and/or long distance network.

You may not use the Services to operate a call center or collection agency, for auto-dialers, continuous or extensive call forwarding, fax or voicemail broadcasting, telemarketing or mass solicitations. Continuous call conferencing or spamming. You may not us our Service as a method for signaling remote parties. Calls must be presented to out network with the intent of establishing a bona-fide voice connection. You may not use our Service to call premium rate, non-geographic, or similar number ranges, or to originate calls from pay-phones to toll free numbers, or for any other purpose contrary to applicable laws and/or CRTC regulations.

If applicable, you will configure your equipment in such a manner that it passes accurate and valid Caller ID/ANI information corresponding to you or your end users. The supplied information passed by us must not cause confusion or distress to any person or party nor shall it be used for fraudulent purposes and be in compliance with all applicable laws. Additionally, you may not transmit caller ID that is linked to a revenue sharing or premium number.

Any flat rate plans(may be referred to as “unlimited”) for use with local DID’s in Canada and USA are intended for residential use only and include the use of two (2) simultaneous channels and a maximum of 3000 inbound minutes per month.

At our sole discretion, charges may apply to port out numbers.

All usage billing is on a per minute basis.

N11 services may not be available, including 211, 311, 411, 511, 711 and 811.

Caller ID support may not be complete, in particular, caller name may not be available on inbound calls, and caller number and/or name may not be transmitted on originated calls for some or all destinations at some or all of the time.

Shared hosting, DNS hosting, VPS, and dedicated servers

We shall not be responsible for the individual back-up of any of your data residing on any of our equipment and/or network. You are fully responsible for the independent back-up of your own data that is stored on our equipment and/or network.

Furthermore, we reserve the right to delete all data, files, or other information that is stored in your account if your services are terminated, for any reason, by either us or you.

Co-location Services

In this section, Premises is defined as any premises made made available by us for the purpose of providing co-location services, and which may be owned by us or a third party provider.

We grant you permission to occupy the space designated by us on an “as is, where is” basis for the sole purpose of maintaining and operating your equipment, whether owned, licensed, or leased by you. We shall provide electrical power, network connectivity, cooling and housing for your equipment.

You will maintain at your own expense a (i) Comprehensive General Liability insurance policy naming Telcom North Technologies as an additional insured, in the amount of one (1) million dollars per occurrence for bodily injury or property damage; (ii) property damage insurance for the full replacement cost of your equipment and any data contained therein; and (iii) Workers Compensation coverage for an amount no less than that required by statutory limits. The risk of loss or damage to your equipment and data at the Premises will at all times remain with you.

You will be fully responsible for the configuration, set-up, and on-going maintenance of your equipment at the Premises.

We will have unrestricted access to your equipment at all times to perform maintenance of any kind to any part of the network connected to your equipment or the Premises. We will provide you with a 48 hour notice for scheduled maintenance and if we need to do any unscheduled maintenance, we will provide you with as much notice as reasonably possible, which may be none in an emergency.

We will use reasonable endeavors to minimize any interruption to your services. Except for emergencies, on a 48 hour notice, we may upgrade, replace, or remove any equipment or facility that your equipment is connected to.

Without limiting the exclusions from liability under this Agreement, we assume no liability whatsoever for any damage of any kind to any of your equipment or data when we, at your request, are asked to login to your equipment for any purpose, or open any of your equipment for any purpose, including but not limited to replacement of cards, memory, power supplies and/or disk drives or any other components within a system. We shall not be responsible for the individual back-up of any of your data residing on any part of our equipment and/or network. You are fully responsible for the independent back-up of your own data that is stored on our equipment and/or network

We may at any time request that you relocate your equipment to another area of the Premises. In the event that you do not relocate your equipment to the new area designated for you by us within 30 days of our request, we may, without further notice, relocate your equipment and charge you the costs incurred to effect such relocation. We will use reasonable endeavors to minimize any interruption of Services attributable to the relocation.

You shall not touch or interfere with any equipment including network cabling, network devices, power cabling, heating or cooling devices, or any other aspect of the facilities at the Premises other than your equipment. You shall not eat, drink, bring in liquids of any kind, smoke, make noise, interfere with or disrupt any of our other subscribers equipment or network. You will ensure that any type of security door or access point you pass through while entering or leaving the Premises will be closed and secured after your passage through the access point. You accept all liability for the actions of any person who enters the Premises either using your access code or key. You agree that no unauthorized persons will enter the Premises with your pass code or key without being directly supervised by you. We may suspend or deny access to you or any individual for any violation of any part of this Agreement.

You may be required to provide proof of identification prior to being issued keys or access codes to the Premises.

You understand that the Premises are monitored and video recorded by us or a third party for our protection and for the protection of our subscribers.

In the case of termination of this Agreement as provided in it, you will remove your equipment from the Premises by the termination effective date and if you have not removed your equipment by such time, we may, in addition to any other remedies provided for in this Agreement, remove your equipment without notice and charge you a storage fee of one hundred dollars ($100) per month for each and every month your equipment is being stored on the Premises or at other locations under our care and control of that of a third party provider. Furthermore, we reserve the right to delete all data, files or other information that is stored in your account if your services are terminated, for any reason, by either us or you.

In case of non-payment, in addition to any other remedies provided for in this Agreement, we may (i) suspend or deny you access to the Premises; and/or (ii) withhold access to your equipment and data; and/or (iii)enforce our lien rights to sell or otherwise dispose of your equipment in accordance with applicable laws.

You are solely responsible for knowledge of any and adherence to any and all laws, statutes, rules and regulations pertaining to your use of any Services.

DSL (High Speed Internet) Services

DSL services are only available at locations determined by us. A telephone number or an address which qualifies for DSL service should not be interpreted as having a guarantee of service provision. There are specific technical parameters which may not allow provisioning for High Speed Internet service. Service provisioning activities may uncover specific types of electronic equipment, switching features or physical degradation which may preclude service at any given location. We would notify you if such an incompatibility is discovered. In some cases, a lack of certain facilities at a particular time may also prevent service activation. In some cases these degradations are not discovered until a scheduled installation has been made. An appropriate refund for the first month’s service is provided in such cases.

The number of DSL lines at a specific location may be limited

All DSL services are provided up to the service demarcation point and you are solely responsible for all premises wiring and customer premise equipment including all equipment and facilities necessary to connect your facilities and equipment to those of your telephone company.

The first month of service is never refunded unless service cannot be provided at a particular location. A refund is never provided in those cases where premise wiring precludes the installation or the customer refusing to provide requested access to premises during the times we are available for install to occur

Access speed/throughput is a function of many technical variables, some of which are not under our control. In such cases as we do not control the access network for services based on Bell Canada’s Gateway Access Services (GAS), we can not guarantee particular speeds at a specific location. Therefore, all DSL services are provided as “up to” speeds at certain locations. In case of any DSL trouble or poor performance, we will make all reasonable efforts to assist our customers, within the limits of what we can control and the limitations for technology, but we must be afforded a reasonable opportunity to perform troubleshooting.

Any DSL trouble tickets opened on Bell’s GAS whether either troubleshooting proves into customer premises or no trouble id found within Bell’s network will result in a Diagnostic and Maintenance charge from Bell which will be passed onto you.

No credits are provided for any trouble with DSL service unless a DSL ticket is opened and trouble proves to be Bell Canada’s network, in which case credits may be provided at our sole discretion, calculated from the time that a DSL ticket was opened until the time that is was cleared.

You agree to notify us to request the following DSL service changes at least 14 days in advance of the effective date: move, change of telephone number, change in telephone service provider or termination of the line on which DSL is active, or change of name on the telephone account. You agree to pay all charges associated with these changes. Responsible party on the account must contact our office to express any of the above changes be made to the account. No e-mail or faxed requests will be accepted for account changes.

DSL services may be affected by Internet Traffic Management Practices (ITMPs) on Bell Canada’s GAS.

We or third party telecommunications service providers used in the course of service delivery may impose limits on the Services. We, and those providers, are entitled to enforce such limits. If you refuse to adhere to any potential limits that may be imposed, your Service(s) may be suspended, restricted, subjected to traffic shaping, or terminated, and/or additional charges may apply.

Fees and Payments

Charges for service commence at the time the order is taken. Invoices are provided by e-mail to the billing email address on the account

You agree to pay all charges to your account and these charges are due and payable in full from your invoice date.

Generally, services are pre-paid and will activate once payment in full has been received.

The accepted payment methods may vary dependent on the service provided, customer type, pre-paid term length, and other factors, and may be subject to change

In the event we fail to bill you for a charge, you will not be held responsible for the paying the previously unbilled or under billed charge except where: (i) in the case of a recurring charge, you are correctly billed within a period of 1 year from the date the charge was incurred, (ii) in the case of a non-recurring charge, you are correctly billed within a period of 120 days from the date the charge was incurred. However, this time limitation does not apply if we have failed to bill you or under billed you due to deception on your part.

If you are paying by credit card, you authorize us to charge your credit card. If you are paying by credit card and are subscribing to services, you understand that : (i)your credit card will be charged on a recurring basis for al further charges as provided in this Agreement, (ii) you agree to notify us of any changes in the credit card information at least 14 days prior to the next charge date, (iii) the cardholder’s name must be that of the account holder, (iv) you will ensure that sufficient credit is available in the credit card account to cover charges, (v) a twenty-five dollar ($25) charge will be applied to your account if the credit card is declined or a transaction is reversed for any reason and we may require an alternate payment method to cover the charges.

If you are paying by bank withdrawal (EFT), you understand that: (i) you authorize us to withdraw funds from the bank account you specify as provided in this Agreement, (ii) the bank account holder’s name must be the that of the account holder’s, (iii) you will notify us of any changes in the bank account information at least 14 days in advance of the next withdrawal, (iv) you will ensure that sufficient funds are available in the bank account to cover the payment, (v) a twenty-five dollar ($25) charge will be applied for Non-Sufficient Funds applied to your account if there aren’t sufficient funds in your bank account at the time of withdrawal.

Identifiers

All Identifiers remain our property at all times, and may be changed or withdrawn at any time at our sole discretion. IP addresses may change each time you restart a PPPoE session, or at any other time, at our discretion.

We assume no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in Identifier.

Further, any IP addresses assigned to you by us will only be used for the Services and in accordance with the policies set forth by the American Registry of Internet Numbers (ARIN), which can be viewed at aaa.arin.net. Upon IP address reassignment or expiration, termination of Service(s), or termination of this Agreement, you are required to relinquish to us any IP addresses or blocks of addresses previously assigned to you by us immediately. We reserve the right, without notice, to reclaim from you any assigned IP addresses that are not used within sixty (60) days of their assignment to you by us.

Access to Premises

You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade, or improve the operation of our services or Equipment, our facilities or our network. If any of your Services has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable.

Support and Contact

Support and contact information is readily available at our website, www.telcomnorth.net or www.muskokanet.ca and may be modified periodically.

The level of support and the services offered is intended for customers with significant technical knowledge.

We nay refuse support at our sole discretion when issues are out-of-scope for the Services in question. We may also provide out-of-scope support as a courtesy in some case, though they are rare.

You also understand and agree that we shall not be liable for and, you hereby disclaim any liability for, any advice or instructions provided or not provided when you contact us.

Service limitations

You understand that VoIP may not in all instances perform with the same degree of reliability as equivalent traditional wire-line telephone services.

You acknowledge and understand that the Services or access to the Services, including 911, may not function correctly, or at all, in the following and other circumstances: (i) if your Equipment fails, is not configured correctly or does not meet our requirements; (ii) in the event of a high speed Internet service outage, regardless of the supplier providing service to you; (iii) in the event of a network outage or power failure; (v) if you tamper with or, in some cases, move the Equipment; or (vi)following suspension or termination of your Service(s).

Warranty

We do not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you or youe end users through the use of the Service(s). We shall be permitted from time to time to interrupt the Service(s) in order to provide maintenance to the Service(s) or our network.

The warranties provided in this Agreement are in lieu of all other warranties and conditions. You hereby waive all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Service(s).

Remedies

TELCOM NORTH TECHNOLOGIES AND THIRD PARTY PROVIDERS’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.

CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AGAINST TELCOM NORTH TECHNOLOGIES IN RESPECT TO THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.

Termination and Suspension

Except where otherwise stated, all services are pre-paid and billed in whole period (e.g. a month, a year, etc.) increments and are not pro-rated. Service continues indefinitely until terminated in accordance with the provisions of this Agreement.

You may terminate any or all of your Services 14 days in advance of a renewal (“pre-paid until”) date by contacting the offices of Telcom North. If an e-mailed cancellation confirmation has not been received by you from us, containing a confirmed termination date, it will be assumed that no termination order has been placed. It is your responsibility to ensure that we have received your termination request and that it has been processed.

Requests for termination are not accepted via e-mail or fax, but only verbally, from the account holder.

Transfer (port out) of a telephone number to another telecommunications service provider constitutes a termination of the corresponding Service(s). Charges may continue for one additional billing period if the port-out is done later than the 14 days ahead of the service renewal cycle date.

We mat terminate any of all of your Service(s) by providing e-mail notification to the account holder’s e-mail address of record no less than 14 days ahead of the service renewal cycle date.

In addition to our right to terminate service as per the above section, we may restrict, block, suspend, or terminate any of all of your Service(s), including 911 calling, or identifiers, in any way, without notice or liability to you, if (i) you are in breach of the Agreement, including non-payment of your charges or non-compliance with our policies; (ii) you exceed reasonable usage limits, as determined by us; (iii) you have provided us with false, misleading, or outdated information, (iv) we reasonably suspect or determine that any of your identifiers, Services, or Equipment is the subject of fraud, unlawful or improper usage or usage that adversely affects our operations, networks or the use of our Service(s), facilities, by others; (v) you harass, threaten, or abuse us or our employees, contractors, agents, or other third parties acting on our behalf; (vi) you fraudulently or improperly seek to avoid payment to us; (vii) you refuse to return property owned by us; (viii) any account or service on which your Service(s) depends is suspended or terminated for any reason; (ix) we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade, or improve the operation of our Service(s), the Equipment, or our facilities or networks; or (x) we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

If we restrict, block, suspend, or terminate your Service(s): (i) you must pay any amounts owing; (ii) we may also suspend, block, terminate, without notice or liability, your Service(s) under any other agreement or account that you may have with us (including accounts that may be in good standing); (iii) you may be charges for all additional costs, liabilities and expenses incurred by us resulting directly from a breach by you of these terms of the Internet Use Policy, including costs to enforce your compliance; (iv) your access to emergency or special needs services, 911, may also be restricted, suspended, blocked or terminated.

Limitation of Liability

UNDER NO CIRCUMSTANCESWILL TELCOM NORTH TECHNOLOGIES OR THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPEMSES, COSTS, LIABILITY, LOSS OR DAMAGEWHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS , WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OR ACTION OR LEGAL THEORY EVEN IF TELCONM NORTH TECHNOLOGOES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND RESONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT TELCOM NORTH TECHNOLOGIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT TELCOM NORTH TECHNOLOGIES’ AND ITS THIRD PARTY PROVIDERS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED HEREIN.

TELCOM NORTH TECHNOLOGIES AND THIRD PARTY PROVIDERS ASSUME NO LIABILTY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY TELCOM NORTH TECHNOLOGIES IN COMBINATION WITH OTHER SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANT THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.

SOME SECTIONS OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.

Internet Use Policy

All definitions are identical to those in the Terms and Conditions of Service (or Agreement)

Any violation of this policy is considered a breach of the Agreement

You are solely responsible for all access to and use of the Service(s), including by any of your employees, officers, directors, agents, as well as your end users, including any breach of the Terms. You agree to take all the necessary measures to ensure such persons use the Service(s) on accordance with this Agreement. Your use of the Service(s) means that you agree with the Terms and Conditions of this Agreement. If you do not agree with any part of this Agreement, your sole and exclusive remedy is to terminate this Agreement in accordance with termination provisions provided in it.

Prohibited Use while using the Service(s), you may not: (i) violate any system or network security measures including but not limited to engaging in unauthorized access or use Telcom North Technologies’ or a third parties network, data, or information, (ii) monitor Telcom North Technologies’ or third parties data, system or network traffic, (iii) interfere with Service to any user, host, or network including without limitation, mail bombing, flooding, spamming and deliberate attempts to overload a system and broadcast attacks, (iv) forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting, (v) 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(s) in a manner that is contrary to law or would serve to restrict or inhibit any other user from or enjoying the Service(s) of the Internet, (vi) post or transmit messages constituting :spam:, which includes but not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news groups servers, (vii) violate the privacy rights of any person, (viii) access or attempt access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or use any tools designed to facilitate such access, such as “packet sniffers,” (ix) send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, unless, however the user ensures that such transmissions comply with all applicable provincial, federal and international regulations, rules and laws, (x) use the Service(s) in such a manner that will result in any Identifier being listed on a recognized SPAM abuse list, or SPAM community website, (xi) use a mail server to rely mail without the express permission of the mail server’s operator, (xii) host an Internet Relay Chat (IRC) server, (xiii) post 10 or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists, (xiv) restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service(s) or creating an unusually large burden on our networks, (xv) exceeding any bandwidth or data storage caps of other limitations of the Service(s) or any applicable and lawful requirement imposed by another provider of telecommunications services providing underlying high speed, Internet or other services to us, (xvi) harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others, (xvii) impersonating other subscribers of ours or of other Internet service providers or any other person or entity in any way, or engaging in any other fraudulent activities, including but not limited to, forging anyone’s digital or manual signature, (xviii) uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other materials which: are protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); are defamatory, obscene, child pornography or hate literature; constitute invasion of property, appropriation of personality, or unauthorized linking or framing; or are otherwise unlawful, (xix) falsifying or deleting any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material contained in a file, (xx) transmitting, posting publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designated to assist users in defeating copy-right, registration and any other anti-theft mechanisms associated with commercial or shareware programs, (xxi) transmitting, posting, publishing, disseminating receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service(s), our network or telecommunications services, (xii) transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designated to assist in the fraudulent use of telecommunications services, (xxiii) interfering with computer networking or telecommunications systems and/or services to or from any Internet user, host, server or network, including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges (hacking) or attempts to crash a host, disrupting sessions of other internet users or consuming excessive amounts of central processing unit time, memory of disk space, (xxiv) using an Internet’s host resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make money fast schemes or pyramid-type schemes of any sort, (xxv) posting or transmitting any information or software which may constitute a virus, bot, trojan, worm or any other harmful or disruptive component, (xxvi) transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, (xxvii) violating or breaching any applicable laws and/or regulations, (xxviii) sharing PPPoE logins for the purpose of concurrent login sessions.

We will not assume any responsibility for your acts or omissions. Account and password protection are you sole responsibility.

We have no obligation to monitor the Service(s). However, in order to protect us and other third party providers an subscribers, we will be entitled to electronically monitoe the Service(s) from time to time and disclose any information concerning you and/or your end users required by you or that is necessary to satisfy any law, regulation or lawful request. We will not intentionally monitor or disclose any private e-mail message unless required by law, statute, or regulation. We reserve the right to refuse to post, or to remove any information or materials, in whole or in part, that we determine, in our sole discretion, are unacceptable, undesirable, or in violation of these policies

Content : You acknowledge that some content, products or services available with or through the Service(s) (“Content”) may be offensive or may not comply with applicable laws. You understand that neither we nor any of our affiliates attempt to censor or monitor any Content. You also acknowledge that neither we nor any of our affiliates have any obligation to monitor your use of the Service(s) and, except as provided herein, have no control over such use. You assume total responsibility and risk for access to or use of Content and for your use of the Service(s). We and our affiliates assume no responsibility or liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.

Privacy: We can not guarantee privacy. Your messages may be subject of unauthorized third party interception and review. We therefore recommend that the Service(s) not be used for the transmission of sensitive, confidential information.

Violation of Internet Use Policy : We consider the prohibited practices indicated above to constitute abuse of our Service(s). Therefore, we prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to our Service(s). Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we may deem necessary and appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from our Service(s), and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.

Privacy Policy

Definitions: "PIPEDA" means Personal Information Protection and Electronic Documents Act. "We", "us", or "our" means Telcom North Technologies and its affiliates and subsidiaries. “EFT" means Electronic Funds Transfer. "Personal Information" means information about an identifiable individual, excluding publicly available information, such as a public directory listing of an individual's name, address, telephone number, e-mail, or other details

Our privacy policy complies with PIPEDA. Its principles are: Accountability, Identifying the purpose of data collection, obtaining consent, limiting collection, limiting use, disclosure, and retention, accuracy, safeguards, openness, and access to personal information.

Challenging Compliance

We collect certain personal information from customers. The information is collected for the purposes of identifying and authenticating customers; service delivery; periodically communicating regarding services offered, changes, network maintenance and other important announcements; marketing, research, and understanding customer needs; or meeting legal and regulatory obligations. Only information necessary for these purposes is collected.

Information collected may be combined with information previously collected when one was not a customer and information obtained from any other source, including but not limited to credit bureaus or other third parties. Generally, the use of products and services by a customer constitutes implied consent for us to collect, use, and disclose personal information for all identified purposes. We may collect personal information without an individual's knowledge or consent if (i) it is clearly in the individual's interests and consent is not available in a timely way; (ii) knowledge and consent would compromise the availability or accuracy of the information and collection is required to investigate a breach of an agreement or contravention of a federal or provincial law; or (iii) it is publicly available as specified in the PIPEDA regulations.

We may use personal information without an individual's knowledge or consent: (i) if it has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation; (ii) for an emergency that threatens an individual's life, health or security; (iii) if it is publicly available as specified in the PIPEDA regulations; (iv) if the use is clearly in the individual's interest and consent is not available in a timely way; or (v) if knowledge and consent would compromise the availability or accuracy of the information and collection was required to investigate a breach of an agreement or contravention of a federal or provincial law.

We may disclose personal information without an individual's knowledge or consent to a lawyer representing us; (i) to collect a debt the individual owes to us; (ii) to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction; (iii) to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law; (iv) to an investigative body named in the PIPEDA regulations or government institution on our initiative when we have reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs; (v) if a request is made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of a federal or provincial law; (vi) in an emergency threatening an individual's life, health, or security (we must inform the individual of the disclosure); (vi) if it is publicly available as specified in the PIPEDA regulations; or (vii) if required by law.

We may disclose personal information to third parties, including but not limited to vendors, other telecommunications service providers, debt collection agents, credit bureaus, 911 service providers, and credit card and EFT processors, if doing so is neccessary for such purposes as service delivery and collection of payment. We may also disclose personal information to a person who in our reasonable belief is seeking the information as an agent of the individual. In certain circumstances, we may not be able to provide access to all of the personal information that we have about an individual. For example, if: (i) disclosure of the personal information sought would reveal personal information about another individual, unless there is consent or a life-threatening situation; (ii) the personal information is protected by a solicitor-client privilege; (iii) the personal information contains confidential commercial information or its disclosure could harm an individual's life or security; (iv) the personal information was collected without the individual's knowledge or consent to ensure availability and accuracy, and the collection was required to investigate a breach of an agreement or contravention of a federal or provincial law (v) An individual may be required to provide sufficient identification information to permit us to account for the existence, use, and disclosure of personal information and to authorize access to an individual's information.

We cannot ensure or guarantee the privacy of any information you choose to transmit through use our services. Any such use shall be at your sole risk and we shall be relieved from all liability in connection therewith. (i) We use cookies and other technologies to keep track of your interactions with our web site. Where available, we record the IP addresses, user agent strings, referrer URLs, and paths navigated through our web site. This information is used solely for statistics and security purposes.