This is a contract between you and COMMUNITY WIRELESS NETWORKS Communications Company. It spells out the terms and conditions which apply to your use of the Internet access and related services provided by COMMUNITY WIRELESS NETWORKS (the “COMMUNITY WIRELESS NETWORKS Internet Services”) for the service plan that you have selected.
In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by COMMUNITY WIRELESS NETWORKS, its affiliates or partners (the “COMMUNITY WIRELESS NETWORKS Sites”) may be subject to additional terms, policies and rules contained within the COMMUNITY WIRELESS NETWORKS Sites or otherwise made available to you.
By opening a COMMUNITY WIRELESS NETWORKS Internet Services account under your name or by using the COMMUNITY WIRELESS NETWORKS Internet Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR COMMUNITY WIRELESS NETWORKS INTERNET SERVICES ACCOUNT, IF YOU HAVE ONE (see Section 58).
Amendments to this Agreement
COMMUNITY WIRELESS NETWORKS reserves the right to amend this Agreement at its sole discretion, at any time. COMMUNITY WIRELESS NETWORKS will notify you of any amendments to this Agreement by posting notice of the amendment on its member services web site at http://www.mybamfield.com/ , as may be updated from time to time, (the “COMMUNITY WIRELESS NETWORKS Internet Services Web Site”) or by sending you notice of the amendment via e-mail to your primary COMMUNITY WIRELESS NETWORKS e-mail address. You agree to go to the COMMUNITY WIRELESS NETWORKS Internet Services Web Site regularly in order to be aware of any amendments posted on such site and your continued use of the COMMUNITY WIRELESS NETWORKS Internet Services following any amendment shall be deemed to be your acceptance of the amended Agreement. If you do not agree to any amendment, you must immediately terminate your COMMUNITY WIRELESS NETWORKS Internet Services account (see Section 58).
Your Account
You represent and warrant that you have reached the age of majority (at least 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the COMMUNITY WIRELESS NETWORKS Internet Services in accordance with this Agreement.
As the COMMUNITY WIRELESS NETWORKS Internet Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify COMMUNITY WIRELESS NETWORKS, by means specified on the COMMUNITY WIRELESS NETWORKS Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to COMMUNITY WIRELESS NETWORKS, as requested, to stop and/or remedy any breach of security.
Customer Information
You acknowledge that you have read the COMMUNITY WIRELESS NETWORKS Privacy Commitment at http://mybamfield.com/public_html/cwn_privacy_policy.html , as it may be updated from time to time (the “COMMUNITY WIRELESS NETWORKS Privacy Commitment”). You hereby consent to the collection, use and disclosure by COMMUNITY WIRELESS NETWORKS and its agents of your personal information collected in connection with provision and/or use of the COMMUNITY WIRELESS NETWORKS Internet Services (whether previously collected or to be collected), solely for the purposes identified in the COMMUNITY WIRELESS NETWORKS Privacy Commitment.
You agree to provide true, current, accurate and complete customer information as prompted by COMMUNITY WIRELESS NETWORKS’ registration processes or as otherwise requested by COMMUNITY WIRELESS NETWORKS or its agents and you agree to promptly notify COMMUNITY WIRELESS NETWORKS, by means specified on the COMMUNITY WIRELESS NETWORKS Web Site, of any changes to this information as required to keep it current, complete and accurate.
Billing and Payment
You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the COMMUNITY WIRELESS NETWORKS Internet Services through your account, in accordance with the rates and billing policies established from time to time by COMMUNITY WIRELESS NETWORKS that are applicable to the service plan which you have selected. Such rates and policies will be posted on the COMMUNITY WIRELESS NETWORKS Web Site or otherwise made available to you by COMMUNITY WIRELESS NETWORKS. COMMUNITY WIRELESS NETWORKS shall begin charging you on the date that you subscribe for the COMMUNITY WIRELESS NETWORKS Internet Services, unless otherwise specified by COMMUNITY WIRELESS NETWORKS.
Available billing and payment options may vary depending on your location (i.e. the location of the premises associated with your COMMUNITY WIRELESS NETWORKS Internet Services account) (your “Customer Access Location”) or service plan, and COMMUNITY WIRELESS NETWORKS reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If payment is not received by COMMUNITY WIRELESS NETWORKS by this due date, interest shall accrue on the outstanding amount at the rate shown on the bill or, if no rate is shown on the bill, at the simple interest rate of 1.00% per month (12.68% compounded annually). If a cheque is returned unprocessed to COMMUNITY WIRELESS NETWORKS, COMMUNITY WIRELESS NETWORKS reserves the right to apply a returned payment fee of $20.00, plus applicable taxes, to your account.
Your right to use the COMMUNITY WIRELESS NETWORKS Internet Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize COMMUNITY WIRELESS NETWORKS or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement.
Any failure of COMMUNITY WIRELESS NETWORKS to make a bill or statement available to you pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify COMMUNITY WIRELESS NETWORKS of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on your bill or statement, such bill or statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release COMMUNITY WIRELESS NETWORKS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to COMMUNITY WIRELESS NETWORKS within 90 days of the publication date of the applicable bill or statement.
You agree to pay all costs incurred by COMMUNITY WIRELESS NETWORKS in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement including, without limitation, lawyers’ fees.
Service Limitations
The COMMUNITY WIRELESS NETWORKS Internet Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
Final confirmation of service availability for COMMUNITY WIRELESS NETWORKS Internet Services high speed services cannot occur until the COMMUNITY WIRELESS NETWORKS Internet Services high speed equipment is installed at your premises. If such equipment is installed by a COMMUNITY WIRELESS NETWORKS installer, you hereby authorize the installer to disclose to COMMUNITY WIRELESS NETWORKS the necessary information to confirm service availability for your premises.
It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by COMMUNITY WIRELESS NETWORKS as being necessary for access to the COMMUNITY WIRELESS NETWORKS Internet Services. COMMUNITY WIRELESS NETWORKS shall post such minimum system requirements on the COMMUNITY WIRELESS NETWORKS Internet Services Web Site or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at COMMUNITY WIRELESS NETWORKS’ sole discretion.
You are not permitted to operate an e-mail, web, news or other similar server through a COMMUNITY WIRELESS NETWORKS Internet Services account, except where such use is expressly permitted under your service plan.
Reverse engineering of the COMMUNITY WIRELESS NETWORKS Internet Services high speed service is not permitted. This means that you cannot have a higher upload than download speed.
COMMUNITY WIRELESS NETWORKS does not guarantee that the COMMUNITY WIRELESS NETWORKS Internet Services will operate with all equipment or software including, without limitation, all Internet applications and appliances.
You acknowledge that signal range and penetration of COMMUNITY WIRELESS NETWORKS Internet Services’ wireless capabilities will depend on factors such as the number and density of trees, walls and ceilings in the networked area and the distance between the high speed wireless gateway and your computer(s). The high speed wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.
You acknowledge and agree that when using COMMUNITY WIRELESS NETWORKS Internet Services’ wireless capabilities to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or COMMUNITY WIRELESS NETWORKS Internet Services account. You should take all appropriate security precautions when using such wireless capabilities including, without limitation, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. COMMUNITY WIRELESS NETWORKS shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of COMMUNITY WIRELESS NETWORKS Internet Services’ wireless capabilities including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.
General Practices and Limits
You acknowledge that COMMUNITY WIRELESS NETWORKS may establish general practices and limits concerning use of the COMMUNITY WIRELESS NETWORKS Internet Services including, without limitation, the maximum size of any e-mail message that may be sent from or received by a COMMUNITY WIRELESS NETWORKS Internet Services account, the maximum disk space that will be allotted on COMMUNITY WIRELESS NETWORKS’ servers on your behalf, the maximum amount of data that may be sent from or received by a COMMUNITY WIRELESS NETWORKS Internet Services account and the maximum number of days that e-mail messages will be stored on COMMUNITY WIRELESS NETWORKS’ servers. Such general practices and limits shall be posted on the COMMUNITY WIRELESS NETWORKS Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the COMMUNITY WIRELESS NETWORKS Internet Services and may be set at different levels for different users based upon factors that may be determined in COMMUNITY WIRELESS NETWORKS’ sole discretion. COMMUNITY WIRELESS NETWORKS 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, removal of content, information or materials from COMMUNITY WIRELESS NETWORKS’ servers, or the imposition of additional charges (additional charges are described on the COMMUNITY WIRELESS Web Site).
High Speed Service Installation
Installation options available for COMMUNITY WIRELESS NETWORKS Internet Services high speed service (e.g. customer self-installation, COMMUNITY WIRELESS NETWORKS installation without a network interface card (“NIC”), COMMUNITY WIRELESS NETWORKS installation with a NIC) will depend upon your Customer Access Location and your service plan. Not all installation options are available at all Customer Access Locations or with all service plans. Details regarding available installation services, including applicable fees, are posted on the COMMUNITY WIRELESS NETWORKS Web Site.
You authorize COMMUNITY WIRELESS NETWORKS, 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 COMMUNITY WIRELESS NETWORKS Internet Services. Access to your premises will be at a time that is mutually convenient for you and COMMUNITY WIRELESS NETWORKS.
In no event will COMMUNITY WIRELESS NETWORKS be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the COMMUNITY WIRELESS NETWORKS Internet Services is missed, either by COMMUNITY WIRELESS NETWORKS or by any third party installer.
COMMUNITY WIRELESS NETWORKS Equipment
You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of any COMMUNITY WIRELESS NETWORKS-owned high speed equipment that has been provided for your use as part of the COMMUNITY WIRELESS NETWORKS Internet Services.
Customer Equipment and Software
The COMMUNITY WIRELESS NETWORKS Internet Services high speed service must be connected to a suitable NIC installed at your premises. If you are supplying and installing the NIC yourself, you must install the NIC as appropriate prior to the installation of the high speed modem or wireless gateway, as applicable. Alternatively, if you purchase the NIC along with installation of the NIC from COMMUNITY WIRELESS NETWORKS when ordering the COMMUNITY WIRELESS NETWORKS Internet Services, you must ensure that there is a suitable free NIC slot available in your computer prior to arrival of the COMMUNITY WIRELESS NETWORKS installer at your premises. COMMUNITY WIRELESS NETWORKS will not remove NICs from or rearrange NICs in your computer.
You are required to show that your computer is functioning properly prior to COMMUNITY WIRELESS NETWORKS doing any work on your computer, where applicable.
You agree that COMMUNITY WIRELESS NETWORKS is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the COMMUNITY WIRELESS NETWORKS Internet Services or from other services provided at your premises. COMMUNITY WIRELESS NETWORKS 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 COMMUNITY WIRELESS NETWORKS Internet Services high speed equipment or software.
You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, COMMUNITY WIRELESS NETWORKS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the COMMUNITY WIRELESS NETWORKS Internet Services.
Support
The COMMUNITY WIRELESS NETWORKS Internet Services Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the COMMUNITY WIRELESS NETWORKS Web Site. Assistance is limited to your problems using the COMMUNITY WIRELESS NETWORKS Internet Services and may exclude problems related to certain equipment and software, as specified by COMMUNITY WIRELESS NETWORKS, in its discretion. You acknowledge that charges may apply to certain support services, as specified by COMMUNITY WIRELESS NETWORKS. COMMUNITY WIRELESS NETWORKS cannot guarantee the resolution of any particular problem or COMMUNITY WIRELESS NETWORKS Internet Services interruption.
You acknowledge and agree that from time to time COMMUNITY WIRELESS NETWORKS may e-mail updates and notices regarding the COMMUNITY WIRELESS NETWORKS Internet Services to you.
During the term of this Agreement, COMMUNITY WIRELESS NETWORKS will provide on-site support (including, at COMMUNITY WIRELESS NETWORKS’ option, repair or replacement of equipment that is defective in material or workmanship) for all COMMUNITY WIRELESS NETWORKS-owned equipment.
Content Warning
You acknowledge that the COMMUNITY WIRELESS NETWORKS Internet Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the COMMUNITY WIRELESS NETWORKS Internet Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. COMMUNITY WIRELESS NETWORKS recommends that minors using the COMMUNITY WIRELESS NETWORKS Internet Services be supervised by an adult.
Acceptable Use of the COMMUNITY WIRELESS NETWORKS Internet Services
The COMMUNITY WIRELESS NETWORKS Internet Services may be used only for lawful purposes. You agree that you will not:
post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam”;
maintain a relay service open to the general public;
scan or probe another computer system;
obstruct or bypass computer identification procedures;
engage in unauthorized computer or network trespass;
engage in denial of service attacks;
post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component;
export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of COMMUNITY WIRELESS NETWORKS or any third party; such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation;
post, upload, reproduce, distribute, or otherwise transmit 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, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats;
engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQ’s, policies, rules or guidelines of COMMUNITY WIRELESS NETWORKS or other parties, disrupts or threatens the integrity, operation or security of the COMMUNITY WIRELESS NETWORKS Internet Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgement of COMMUNITY WIRELESS NETWORKS, is otherwise objectionable;
otherwise violate COMMUNITY WIRELESS NETWORKS’ Acceptable Use Policy at http://mybamfield.com/public_html/cwn_acceptable_use_policy.html, as it may be updated from time to time;
use or register COMMUNITY WIRELESS NETWORKS’ trade-marks, trade names, trade dress, or logos, including without limitation any such trade-marks, trade names, trade dress, or logos displayed on any web site(s) operated by COMMUNITY WIRELESS NETWORKS, without COMMUNITY WIRELESS NETWORKS’ express prior written permission;
share (except as necessary for use of your COMMUNITY WIRELESS NETWORKS Internet Services in a home network), resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the COMMUNITY WIRELESS NETWORKS Internet Services or exploit the same for any commercial purposes, except where expressly authorized by COMMUNITY WIRELESS NETWORKS; or
allow any other person or entity to engage in any of the foregoing activities while using your COMMUNITY WIRELESS NETWORKS Internet Services account.
If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 37 above, which involves your account, you agree to immediately notify COMMUNITY WIRELESS NETWORKS and provide COMMUNITY WIRELESS NETWORKS with assistance, as requested, to stop and/or remedy such violation.
Without limiting any of COMMUNITY WIRELESS NETWORKS’ rights to suspend, restrict or terminate your COMMUNITY WIRELESS NETWORKS Internet Services account as described elsewhere in this Agreement, COMMUNITY WIRELESS NETWORKS may suspend, restrict or terminate your COMMUNITY WIRELESS NETWORKS Internet Services account without notice if, in COMMUNITY WIRELESS NETWORKS’ sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 37 above. You acknowledge and agree that COMMUNITY WIRELESS NETWORKS shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.
Proprietary Rights
You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the COMMUNITY WIRELESS NETWORKS Internet Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the COMMUNITY WIRELESS NETWORKS Internet Services are owned by COMMUNITY WIRELESS NETWORKS, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
COMMUNITY WIRELESS NETWORKS does not claim ownership of information, materials, software or other content (collectively, the “Content”) that you post, upload, input, provide, submit or otherwise transmit to COMMUNITY WIRELESS NETWORKS or any third party, using the COMMUNITY WIRELESS NETWORKS Internet Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to COMMUNITY WIRELESS NETWORKS or any third party, using the COMMUNITY WIRELESS NETWORKS Internet Services, you have thereby granted COMMUNITY WIRELESS NETWORKS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent (where not violating privacy legislation) reasonably required by COMMUNITY WIRELESS NETWORKS to provide the COMMUNITY WIRELESS NETWORKS Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
You acknowledge that, except where otherwise specified by COMMUNITY WIRELESS NETWORKS, e-mail addresses, IP addresses and personal web page addresses assigned to you by COMMUNITY WIRELESS NETWORKS during the term of this Agreement remain the property of COMMUNITY WIRELESS NETWORKS at all times.
You understand that the technical processing and transmission of the COMMUNITY WIRELESS NETWORKS Internet Services, including your 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. You further acknowledge that any content, materials or information that you may access through the COMMUNITY WIRELESS NETWORKS Internet Services may be subject to “caching” at intermediate locations on the Internet.
Compliance Measures
You acknowledge that COMMUNITY WIRELESS NETWORKS has no obligation to censor or monitor use of the COMMUNITY WIRELESS NETWORKS Internet Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the COMMUNITY WIRELESS NETWORKS Internet Services or the Internet. However, you agree that COMMUNITY WIRELESS NETWORKS has the right to, without notice, monitor use of the COMMUNITY WIRELESS NETWORKS Internet Services and monitor, review and retain such content, material or information if COMMUNITY WIRELESS NETWORKS believes in good faith that such activity is reasonably necessary to provide the COMMUNITY WIRELESS NETWORKS Internet 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 itself or others.
In the event that COMMUNITY WIRELESS NETWORKS receives a complaint relating to use of the COMMUNITY WIRELESS NETWORKS Internet Services by a customer, COMMUNITY WIRELESS NETWORKS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
You agree that COMMUNITY WIRELESS NETWORKS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a COMMUNITY WIRELESS NETWORKS Internet Services account, if COMMUNITY WIRELESS NETWORKS believes in good faith that such activity is reasonably necessary to provide the COMMUNITY WIRELESS NETWORKS Internet 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 itself or others.
Service Changes
You agree that, to maintain or improve the COMMUNITY WIRELESS NETWORKS Internet Services or for other business reasons, COMMUNITY WIRELESS NETWORKS may change the COMMUNITY WIRELESS NETWORKS Internet Services rates, service plan features, e-mail addresses, minimum equipment and software requirements and any other aspect of the COMMUNITY WIRELESS NETWORKS Internet Services at any time, without notice or liability, at COMMUNITY WIRELESS NETWORKS’ sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your COMMUNITY WIRELESS NETWORKS Internet Services account (see Section 58).
Notwithstanding the foregoing, COMMUNITY WIRELESS NETWORKS will use reasonable efforts to notify you via e-mail to your primary COMMUNITY WIRELESS NETWORKS e-mail address, of any material increases in the recurring, regular COMMUNITY WIRELESS NETWORKS Internet Services rates for your account.
Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
ALL USE OF THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES IS AT YOUR OWN RISK;
THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;
COMMUNITY WIRELESS NETWORKS DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES;
NEITHER COMMUNITY WIRELESS NETWORKS NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA INCLUDING, WITHOUT LIMITATION, ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS;
COMMUNITY WIRELESS NETWORKS IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
NEITHER COMMUNITY WIRELESS NETWORKS NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF COMMUNITY WIRELESS NETWORKS OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES, BY YOU OR ANY THIRD PARTY; AND
COMMUNITY WIRELESS NETWORKS IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES.
COMMUNITY WIRELESS NETWORKS MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. COMMUNITY WIRELESS NETWORKS EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, 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.
THE COMMUNITY WIRELESS NETWORKS WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE COMMUNITY WIRELESS NETWORKS INTERNET 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 COMMUNITY WIRELESS NETWORKS OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. COMMUNITY WIRELESS NETWORKS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.
Limitation of Liability
IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY COMMUNITY WIRELESS NETWORKS, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE PAYMENT FROM COMMUNITY WIRELESS NETWORKS FOR YOUR ACTUAL AND DIRECT DAMAGES RESULTNG FROM SUCH BREACH, TO A MAXIMUM AMOUNT EQUAL TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID HEREUNDER BY YOU TO COMMUNITY WIRELESS NETWORKS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE RELEVANT BREACH.
EXCEPT AS SET OUT IN SECTION 52 ABOVE, IN NO EVENT SHALL COMMUNITY WIRELESS NETWORKS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE “COMMUNITY WIRELESS NETWORKS ENTITIES” AND EACH, A “COMMUNITY WIRELESS NETWORKS ENTITY”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE COMMUNITY WIRELESS NETWORKS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
THE PERFORMANCE OF THE INTERNET;
THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES;
DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH COMMUNITY WIRELESS NETWORKS’ SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
INSTALLATION OR MAINTENANCE OF THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES, BY YOU, COMMUNITY WIRELESS NETWORKS OR THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold harmless each of the COMMUNITY WIRELESS NETWORKS Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable COMMUNITY WIRELESS NETWORKS Entity, which result from or relate to:
access to or use, by you or any third party, of your COMMUNITY WIRELESS NETWORKS Internet Services account; or
any of your acts or omissions including, without limitation, breach or non-performance of this Agreement and any violation of third party rights.
Term and Termination
COMMUNITY WIRELESS NETWORKS Internet Services high speed services are available on a month to month basis or under a 1 year, 2 year or 3 year fixed term Agreement. Upon the expiry of a fixed term Agreement, this Agreement will automatically be renewed on a month to month basis, unless you notify COMMUNITY WIRELESS NETWORKS at least 30 days prior to the expiry of the fixed term, by the means specified on the COMMUNITY WIRELESS NETWORKS Internet Services Web Site, of your intention to terminate your Agreement or enter into a new fixed term Agreement.
COMMUNITY WIRELESS NETWORKS may, in its sole discretion, suspend, restrict or terminate your COMMUNITY WIRELESS NETWORKS Internet Services account, effective at any time, without notice to you, for any reason including, without limitation, because:
the operation or efficiency of the COMMUNITY WIRELESS NETWORKS Internet Services are impaired by the use of the COMMUNITY WIRELESS NETWORKS Internet Services from your account;
any amount is past due from you to COMMUNITY WIRELESS NETWORKS;
COMMUNITY WIRELESS NETWORKS has received a third party complaint which relates to the use or misuse of the COMMUNITY WIRELESS NETWORKS Internet Services from your account; or
you have been or are in breach of any term or condition of this Agreement.
You may terminate your COMMUNITY WIRELESS NETWORKS Internet Services account at any time by notifying COMMUNITY WIRELESS NETWORKS via the means set out on the COMMUNITY WIRELESS NETWORKS Internet Services Web Site. HOWEVER, IF YOU ARE UNDER A FIXED TERM AGREEMENT AND YOU TERMINATE YOUR COMMUNITY WIRELESS NETWORKS INTERNET SERVICES ACCOUNT PRIOR TO THE END OF THE TERM, OR IF COMMUNITY WIRELESS NETWORKS TERMINATES YOUR ACCOUNT FOR ANY OF THE REASONS LISTED IN SUBSECTIONS 57 (a)-(d) ABOVE, YOU WILL BE REQUIRED TO IMMEDIATELY PAY COMMUNITY WIRELESS NETWORKS A TERMINATION CHARGE, IN THE AMOUNT SPECIFIED ON THE COMMUNITY WIRELESS NETWORKS INTERNET SERVICES WEB SITE OR OTHERWISE COMMUNICATED TO YOU. YOU ACKNOWLEDGE THAT THIS TERMINATION CHARGE IS A PRE-ESTIMATE OF DAMAGES SUFFERED BY COMMUNITY WIRELESS NETWORKS AS A RESULT OF SUCH EARLY TERMINATION AND IS NOT A PENALTY. COMMUNITY WIRELESS NETWORKS will process your termination request effective the date your request is received.
Unless COMMUNITY WIRELESS NETWORKS has terminated your COMMUNITY WIRELESS NETWORKS Internet Services account for any of the reasons listed in Subsections 57 (a)-(d) above, COMMUNITY WIRELESS NETWORKS will refund you a pro-rata portion of your pre-paid monthly fee for the month of termination, based on the effective date of such termination.
Termination of your COMMUNITY WIRELESS NETWORKS Internet Services account by you or COMMUNITY WIRELESS NETWORKS automatically terminates this Agreement.
In the event that your COMMUNITY WIRELESS NETWORKS Internet Services account is suspended, restricted or terminated, additional reconnection charges may apply.
COMMUNITY WIRELESS NETWORKS shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, COMMUNITY WIRELESS NETWORKS 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 content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all e-mail and web page addresses related to your account may be immediately deleted and/or reassigned to other customers. COMMUNITY WIRELESS NETWORKS’ policies regarding handling of customer e-mails upon suspension and termination of customer accounts can be found on the COMMUNITY WIRELESS NETWORKS Internet Services Web Site.
Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
You agree to return any COMMUNITY WIRELESS NETWORKS-owned high speed modems, wireless gateways and associated components to a COMMUNITY WIRELESS NETWORKS approved depot within 14 days of termination of a COMMUNITY WIRELESS NETWORKS Internet Services high speed service account, unless otherwise directed by COMMUNITY WIRELESS NETWORKS. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a $199.95 charge, plus applicable taxes. The location of COMMUNITY WIRELESS NETWORKS approved depots can be obtained by contacting COMMUNITY WIRELESS NETWORKS by phone at the phone number specified on the COMMUNITY WIRELESS NETWORKS Internet Services Web Site.
CRTC Compliance
COMMUNITY WIRELESS NETWORKS and you acknowledge and agree that: (a) the charges for, and availability of, the COMMUNITY WIRELESS NETWORKS Internet Services are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a COMMUNITY WIRELESS NETWORKS affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs applicable to the COMMUNITY WIRELESS NETWORKS Internet Services include the following: None (the COMMUNITY WIRELESS NETWORKS Internet Services are either non-regulated or forborne).
In relation to all telecommunications services provided by COMMUNITY WIRELESS NETWORKS hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by COMMUNITY WIRELESS NETWORKS regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by COMMUNITY WIRELESS NETWORKS to anyone other than you; a person who, in the reasonable judgment of COMMUNITY WIRELESS NETWORKS is seeking the information as your agent; a telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by COMMUNITY WIRELESS NETWORKS to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of COMMUNITY WIRELESS NETWORKS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by COMMUNITY WIRELESS NETWORKS, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
For the purposes of the foregoing Section, you hereby expressly consent to the collection, use and disclosure by COMMUNITY WIRELESS NETWORKS and its agents of your information, content and materials (including, without limitation, your personal information) solely to the extent such collection, use and disclosure is authorized under Sections 4 and 46 of this Agreement.
General
This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between COMMUNITY WIRELESS NETWORKS 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 COMMUNITY WIRELESS NETWORKS and you with respect to such matters.
The failure of COMMUNITY WIRELESS NETWORKS 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 COMMUNITY WIRELESS NETWORKS nor trade practice shall act to modify any provision of this Agreement.
In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and COMMUNITY WIRELESS NETWORKS, and the remainder of this Agreement shall remain in full force and effect.
This Agreement shall be governed by and construed in accordance with the federal laws of Canada and the laws of the province of British Columbia. You hereby irrevocably consent to the exclusive jurisdiction of the courts of such province in connection with any matter arising under this Agreement and you agree that the venue for resolution of all such matters shall be in such province. Use of the COMMUNITY WIRELESS NETWORKS Internet Services in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section, is prohibited.
All references to COMMUNITY WIRELESS NETWORKS 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).
COMMUNITY WIRELESS NETWORKS 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.
This Agreement will enure to the benefit of and bind you and COMMUNITY WIRELESS NETWORKS and our respective personal and legal representatives, successors and permitted assigns.
All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
The rights, powers and remedies of COMMUNITY WIRELESS NETWORKS in this Agreement including, without limitation, the right to suspend, restrict or terminate any COMMUNITY WIRELESS NETWORKS Internet Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to COMMUNITY WIRELESS NETWORKS at law or in equity.
The following provisions shall survive termination of this Agreement: Sections 6-11, 24-25, 30-31, 33, 42, 44-46, 49-55, 56, 58-64, 68-79, and any other provisions that by their meaning are intended to survive termination of this Agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between COMMUNITY WIRELESS NETWORKS and you as a result of this Agreement or use of the COMMUNITY WIRELESS NETWORKS Internet Services.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
Effective January 1, 2007