GENERAL TERMS & CONDITIONS
The Customer recognizes and accepts that the present terms and conditions may be modified by 59CONNECT at any time in accordance with provision herein and any changes will be posted on www.59connect.com, along with the effective date
1) APPLICABILITY
These Terms and Conditions govern the provision of and use of residential services including but not limited to home phone, high-speed Internet and long distance services provided by 59CONNECT, as well as any hardware, equipment or devices provided by 59CONNECT in conjunction with these services. Unless otherwise specified, services will be offered for an indeterminate term.
2) PAYMENT
Payment for recurring services is due in advance. The Customer shall pay all applicable fees, charges, applicable usage dependent charges and taxes relating to the services. 59CONNECT requires pre-authorized bank or credit card payments for certain services. Payments are due every month on the date specified in the service order, or upon receipt of invoice. Overdue amounts are subject to interest fees of 1.25% per month (16.07% per year).
For bundle packages, the acceptance of the order is conditional on the payment of the first invoice which includes the activation and installation fees, and service charges for the initial billing period. The payment is non-refundable unless 59CONNECT cannot provide the service to the Customer.
In the event of a payment default, any outstanding amount becomes immediately payable and due. A fifteen dollar ($15.00) charge may be applied for any payment items returned by the bank. In the event of returned preauthorized charges to a bank or credit card, 59CONNECT may attempt to process payment before the next regularly scheduled payment.
A cancellation of service or a change to banking or credit card information within 10 days of a regularly scheduled payment may not be processed in time to prevent that regularly scheduled payment. In such an event where a credit is due to The Customer, amount will be refunded within 15 days.
If the Customer disputes any charges, fees or taxes reported within an invoice, the Customer shall notify 59CONNECT in writing within ninety (90) days of receiving that invoice or it shall be deemed that the Customer has waived any right to contest such charges. 59CONNECT reserves the right to correct any errors in billing for a period of up to ninety (90) days, and apply the appropriate charges retroactively.
3) SERVICE SUSPENSION
The customer is required to give thirty (30) days notice prior to any suspension of service(s). 59CONNECT reserves the right to impose and charge the cost for one month of service if the customer does not notify within the deadlines mentioned above.
In the event of a Customer being in default of payment, or in violation of the Acceptable Use Policy, or for cause, 59CONNECT may suspend service without prior notice.
59CONNECT may impose a charge of up to $75 for disconnection of each Service and a separate charge of $75 for reconnection of each Service, and the Customer shall pay to 59CONNECT all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by 59CONNECT following a reconnection request.
Orders are subject to credit approval and in the event of unacceptable credit risk, 59CONNECT may interrupt some or all services or features without prior notice.
4) LIMITATION OF LIABILITY AND INDEMNIFICATION
59CONNECT will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. 59CONNECT’s aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL 59CONNECT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH 59CONNECT’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT 59CONNECT WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless 59CONNECT, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or 59CONNECT in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to 59CONNECT in connection therewith.
5) PRICES AND SERVICE FEES
Prices for services and/or discount rates may be subject to change upon written notice. In such cases, the Customer will be informed thirty (30) days before the effective date.
Certain discounts may be applied to subscriptions to a bundle or group of services. In the event of cancellation of any such services, the bundle discounts may no longer be applicable.
In the event of non-maintenance related interruptions, 59CONNECT may issue credits corresponding to the number of whole or partial days of service interruption following notification from the Customer on a pro rata basis.
Service orders may be subject to credit approval and in the event of unacceptable credit risk, 59CONNECT may require deposits, alternate pricing or payment methods and in certain circumstances interrupt some or all services or features without prior notice.
6) EQUIPMENT PROVIDED BY 59CONNECT
The Customer agrees to maintain and operate any equipment, software and services provided by 59CONNECT in compliance and in accordance with the applicable operating instructions provided by 59CONNECT. If 59CONNECT provides equipment to the Customer, such equipment will remain the property of 59CONNECT unless it has been purchased by the Customer. The Customer agrees to return any equipment owned by 59CONNECT upon request.
The equipment is to be returned to 59CONNECT within fifteen (15) business days of such request or following the cancellation date. In the event that the equipment is not returned by the Customer, 59CONNECT reserves the right to charge for such equipment the lesser of the current Customer purchase price and the price described in the Service Order. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, 59CONNECT reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment.
The obligations listed in this section above will survive the expiration or termination of the service agreement.
7) EQUIPMENT PURCHASE FROM 59CONNECT
The sale of any equipment shall be final and the equipment may not be returned or exchanged without 59CONNECT’s consent. Any equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date for parts and labour. 59CONNECT will replace any defective equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective equipment, the Customer agrees to notify 59CONNECT promptly so that 59CONNECT may arrange to make the necessary assessment.
8) REMOTE SUPPORT AND MAINTENANCE
In order to provide The Service to its Customers, 59CONNECT may directly or through a third party connect remotely to Equipment such as but not limited to modems, Internet Telephone Adaptors, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
In addition to the above, for the purposes of correcting or analyzing service problems, 59CONNECT may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
59CONNECT may, without any liability, interrupt the services for technical or maintenance purposes. Where possible 59CONNECT shall provide advance notice advising the Customer.
9) SERVICES
Notwithstanding any other provisions, 59CONNECT shall not be liable for failure or interruption of its services if due to causes or events beyond its reasonable control.
10) TRANSFER OF ACCOUNT
This account shall not be assigned or transferred in any way whatsoever without the prior written consent of 59CONNECT which may be withheld at its discretion.
11) CANCELLATION OF SERVICE
Cancellation of service requests must be communicated to 59CONNECT in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. Unless otherwise specified in the request, the cancellation date of residential high speed internet service, residential telephone or long distance services will be effective on the last day of the current billing period. The Customer must return any 59CONNECT owned equipment prior to 59CONNECT refunding any deposits or credits due to the customer.
12) DELETION OF MESSAGES AND DATA
Upon termination of the Service, 59CONNECT is authorized to delete any files, programs, data, voicemail, E-mail or any other types of messages associated with The Service without additional notice to The Customer
13) ACCEPTABLE USE POLICY (“AUP”)
The Customer agrees to abide by 59CONNECT’s Acceptable Use Policy which is available in the Legal section of www.59connect.com.
14) UNAUTHORIZED ACCESS
Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.
15) VIOLATION OF THIS AGREEMENT
Use of the Service in a manner which 59CONNECT, in its sole discretion, believes violates this Agreement, may result in 59CONNECT taking any responsive actions it deems appropriate. Such actions may include, but are not limited to, temporary or permanent removal of hosted content, messages or data; and the immediate limitation, suspension or termination of all or any portion of The Service. 59CONNECT shall not have any liability for any such responsive actions.
The above described actions are not 59CONNECT’s exclusive remedies and 59CONNECT may take any other legal or technical action it deems appropriate.
59CONNECT reserves the right to investigate suspected violations of this Agreement, including the gathering and examination of information from The Customer or Customers and the complaining party, if any. During such an investigation, 59CONNECT may suspend The Service(s) involved.
16) NO WAIVER
The failure of 59CONNECT to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
17) SEVERABILITY
If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.
18) PRIVACY POLICY
A copy of our privacy policy is available upon request, and can be viewed in the Legal section of www.59connect.com.
TERMS & CONDITIONS FOR LOCAL PHONE LINE AND LONG DISTANCE SERVICES
(Herein referred to as “The Service”)
1 – THE SERVICE
(a) Service Description
The Service may include local telephone line(s) and/or a variety of long distance plans, some of which may be offered at flat rates and some of which may have usage dependant pricing. The local phone line service requires a broadband Internet connection and a Customer supplied touch tone enabled telephone set to be connected to a 59CONNECT supplied (rental or purchase) Internet Telephone Adapter.
(b) Normal residential, non-commercial use of Service and Equipment
The Service and any equipment are provided or sold to the Customer for personal, residential, non-commercial use. To further clarify, the Customer agrees that they may not use the Service for any commercial activities including but not limited to telemarketing, autodialling, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be inconsistent with regular residential usage.
UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF 59CONNECT AND PAYMENT OF APPLICABLE FEES.
(c) Customer responsibility
The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) collect-calls, toll charges, 1010 type usage-dependent charges, fees from 411, 711, etc. and/or other fees according to the rate in effect at the time of usage. Collect calls and 1010 charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform 59CONNECT if the device has been stolen, tampered with or used by unauthorized persons or in any manner in violation of the AUP.
The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.
59CONNECT may at its discretion limit the use of its services or may require the customer to obtain a higher grade of service if a disproportionately high number of calls are being made to Nunavut, Yukon or the Northwest Territories (area code 867).
(d) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use or permit the Service to be used for the following purposes:
• Any use that prevents fair and proportionate use by others; in cases of excessive demand, 59CONNECT may limit the use of its services as necessary or may require the Customer to obtain a higher grade of service at a higher subscription cost.
• Using the Service for illegal activities or harassing or threatening behaviour.
• Altering Caller ID information in a manner that would be deceptive or likely to create confusion or mistaken identity.
• Misuse of calls to emergency services.
(e) Use of Service outside Canada
If the Customer accesses or uses the Service or the equipment in countries other than Canada they do so at their own sole risk. This includes the risk that such activity violates local laws, import-export control laws, or regulations in that country. The Customer remains liable for, agrees to hold 59CONNECT harmless against any liability arising from, any such usage.
(f) Monitoring of activity
59CONNECT reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
59CONNECT may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
(g) Telephone Numbers
The telephone numbers that 59CONNECT provides in conjunction with the Service to The Customer may be listed in telephone directories; however, in certain cases The Customer may need to specifically request listings when ordering or porting numbers, or after installation. The Customer does not own or have any property rights in any telephone number provided by 59CONNECT in conjunction with the Service. Although changes in phone numbers and service arrangements are not anticipated, 59CONNECT cannot warrant against them. 59CONNECT is not liable for any costs, damages or other amounts resulting from changes to telephone numbers.
(h) Calling Card
The Customer is responsible for all charges incurred when making calls using 59CONNECT calling cards. In the event that a card is lost, stolen, or misplaced, the Customer must inform 59CONNECT to cancel the calling card. Until such notification is received, the Customer shall remain responsible for all charges.
2 – EMERGENCY SERVICES 9-1-1 DIALING
The 911 service provided by 59CONNECT differs in a number of important ways from traditional 911 or Enhanced 911 (E911) dialing available with most traditional telephone services – and has specific limitations relative to E911.
(a) E911 vs. Basic 911 Service
When placing a call to emergency services with E911, the Customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced”.
With Basic 911 the Customer’s telephone number and location are not automatically transmitted to the operator. The operator at the answering location verbally obtains the pertinent information that identifies the caller’s needs and emergency service address. The operator then transfers the caller to the appropriate emergency services agency.
59CONNECT provides a basic 911 service.
(b) Other users
The Customer agrees to inform any users and potential users of the service (household residents, guests and visitors) of the nature and limitations of the 59CONNECT-provided 911 service described below.
(c) Routing of 911 calls
When a caller dials 911 using the Customer’s service, the call is routed from the 59CONNECT network to our emergency services operator. The operator will verbally confirm with the caller that they are either located at the emergency service address registered with 59CONNECT, or if not, their present emergency service address. The operator will then determine the appropriate emergency agency and transfer the caller accordingly.
(d) 911 dependency on AC power and broadband Internet
911 dialing and 59CONNECT service do not function during an electrical power or broadband Internet outage.
An AC power interruption or failure and/or interruption or failure of broadband Internet service may result in equipment needing attention by the Customer or 59CONNECT prior to the service being available for calls including emergency calls. When the service is unavailable the Customer will need to access a traditional phone or cellular phone in order to make an emergency call.
Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using 59CONNECT equipment as compared to 911 dialing over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service agencies than in the case of traditional 911 calls. The Customer acknowledges and understands that 59CONNECT cannot be held liable for service delays beyond its reasonable control.
WARNING: For added clarity, the Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or service-related equipment, including without limitation, improper modifications or tampering, the Service may not function and emergency calling may be unavailable.
(e) Use of 911 service when traveling
Unlike traditional phone lines, this service is portable to any location with broadband Internet access. For example, the Customer traveling with his Internet Telephone Adapter can take his service with him and place and receive telephone calls over any available broadband Internet connection.
Under such circumstances 59CONNECT 911 service remains available but only for emergency service addresses in Canada and the United States. The Customer shall not attempt to use the 59CONNECT 911 service while outside of Canada or the United States.
If the Customer is traveling outside of Canada or the United States, the Customer must familiarize himself on how to contact emergency services in that country.
(f) Limitation of Liability and Indemnification
As stated under Section 4) LIMITATION OF LIABILITY AND INDEMNIFICATION in the GENERAL TERMS & CONDITIONS:
59CONNECT will not be liable for any delay or failure to provide the Service, at any time or from time to time, or any interruption or degradation of voice or data quality. 59CONNECT’s aggregate liability to The Customer or any third party for direct damages arising out of or in connection with this Agreement shall be limited to the lesser of: (a) the actual direct damages suffered by the Customer, and (b) the charges paid by The Customer during the previous calendar month. IN NO EVENT WILL 59CONNECT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR, AND THE CUSTOMER HEREBY WAIVES THE RIGHT TO CLAIM, ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH 59CONNECT’S 911 SERVICE OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT 59CONNECT WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
The Customer agrees to defend, indemnify, and hold harmless 59CONNECT, its affiliates and their respective officers, directors, employees, agents, legal representatives and any other service providers who offer services to the Customer or 59CONNECT in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the Customer, any third party or user of the Customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the Customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to 59CONNECT in connection therewith.
TERMS & CONDITIONS for INTERNET SERVICES
(Herein referred to as “The Service”)
1 – THE SERVICE
(a) Service Description
59CONNECT provides a variety of High Speed and dial-up Internet Access services.
(b) Normal residential, non-commercial use of the Service and Equipment
59CONNECT’s residential Internet Service is designed for personal use. The Customer may not use the Service for commercial purposes. To ensure fair and proportional access to its network by all customers, The Customer may not run disproportionally high-bandwidth or high-load servers or applications in connection with the Service. The customer agrees that “unlimited usage”, used as advertising, appeals to a fair usage of Internet service. Abuse of the service may result in the suspension or termination of the service after notice from 59connect. The excessive usage of the Internet is solely determined by 59connect.
In the event of disproportionately high usage of 59CONNECT’s network resources by The Customer, 59CONNECT may levy usage surcharges of up to one hundred dollars ($100.00) per billing period. This is in addition to the provisions in section 16 of the General Terms and Conditions applicable to violations of these Service conditions.
Where applicable, The Customer must comply with the current data storage and other limitations on the Service. 59CONNECT reserves the right to change the Service plan’s data transfer speeds or data transfer thresholds upon notice.
UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF 59CONNECT AND PAYMENT OF APPLICABLE FEES.
(c) Customer responsibility
The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his computer equipment and assumes all liability for such use of the Service. The Customer will be responsible for ensuring that all such other users understand and comply with these Terms and Conditions.
The Customer remains responsible at all times for his computer equipment and must ensure that his computer equipment does not allow, and takes steps to prevent, unauthorized access. This includes but is not limited to, setting strong wireless passwords, limiting physical access to equipment to authorized persons, utilizing up-to-date anti-virus and firewall software.
The Customer is responsible for any content posted, stored, transmitted, disseminated or accessed by the Customer through his use of the Service. Any questions or complaints the Customer may have regarding content should be addressed to the content provider. The Customer is solely responsible for information published on the Internet through use of the Service.
In addition, The Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede 59CONNECT’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES. THE CUSTOMER SHOULD SEEK PROFESSIONAL ADVICE BEFORE RELYING ON USE OF THE SERVICE FOR MEDICAL OR SECURITY PURPOSES.
(d) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:
• Publishing content which violates copyright or intellectual property rights of others. The customer assumes all risk regarding their published content;
• Engaging in fraudulent activities such as, but not limited to, pyramid or illegal soliciting schemes;
• Impersonating any person or entity, or forging anyone’s digital or manual signature, including forging of email headers – your true address must remain visible and accessible to recipients;
• Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
• Attempting to circumvent or breach network or system or service security measures put in place by 59CONNECT or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
• Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
• Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam;
• Indiscriminately sending unsolicited, unwanted, or inappropriate messages in mass quantity (spam, mail bombing – multiple copies of a single message to the same recipient, or any application or environment specific messaging);
• Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual.
• user machine, network or service, overloading a service, seizing and abuse of operator privileges and attempting to “crash” a host;
• Transmitting any content or software that contains a virus, malware, trojan, exploit or other harmful code or feature.
(e) Internet traffic management policies (ITMP)
For Ontario and Quebec Customers:
Most of the network facilities that make up the Internet are shared by many users at the same time. This is also true for the network facilities used by 59CONNECT’s High Speed Internet Service. While 59CONNECT is constantly investing in its network in order to ensure a high quality Internet service, significant increases in traffic demand may occasionally result in congestion on such shared networks.
59CONNECT has designed its Internet Quality Management system to minimize the impact for most users during congestion periods. 59CONNECT’s Internet Quality Management system works by identifying types of Internet traffic that are more sensitive to congestion and delays and prioritizing such traffic when necessary. The system identifies traffic types at all times in order to react immediately in case of network congestion. Normally no prioritization of traffic occurs as the network capacity is more than sufficient to handle the traffic volume. However during congestion periods, delivery of the more time-sensitive traffic will be prioritized to ensure an overall high quality internet experience for the most users possible.
Internet traffic is identified and, if necessary, prioritized based on three groups. The highest priority is given to applications that are very time-sensitive, such as gaming and VoIP. The second priority group consists of traffic that is also sensitive to congestion, such as web browsing, social networking and video streaming. The third group includes applications that are traditionally less popular with our customer base as a whole.
Normally all internet traffic will be delivered at full speed. During congestion periods, Customers should see no change in the quality of their Internet experience when using time-sensitive Internet applications. Customers using less time-sensitive applications may notice a decrease in their download/upload speeds until the temporary network congestion has passed.
For Alberta and British Columbia Customers:
59CONNECT Customers in Alberta and British Columbia are subject to Internet Traffic Management Policies (ITMPs) that are imposed under 59CONNECT’s TPIA agreement with Shaw in order to provide Cable Internet.
59CONNECT uses the same traffic management policies as Shaw to ensure proportional access to its network for all Cable Internet users located in Alberta and British Columbia. Some Peer-to-Peer (P2P) applications used for non real-time file sharing can consume a disproportionate amount of upstream bandwidth causing disruption to other users on the network. These traffic management policies were introduced to quickly address any upstream congestion caused by these P2P applications while standard network expansion activities are undertaken to increase the bandwidth availability for all users.
The traffic management policies come into effect only if upstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of upstream bandwidth available for P2P applications completing non real-time file transfer activity to 80 kbps per end-user.
The traffic management policies do not affect download speeds and will not affect real-time interactive activities such as on-line gaming, banking, e-mail or VoIP services. For the majority of Customers the Internet experience is unaffected by the traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application.
The ITMPs use IP addresses to make real-time traffic management decisions in relation to the network. Since IP addresses have the potential to be linked to an individual’s Customer account, IP addresses could be considered personal information. The traffic management policies implemented by 59CONNECT do not involve capturing, storing or archiving this information in any way.
(f) Monitoring of activity
59CONNECT reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
59CONNECT may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
(g) Ownership of identifiers
The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to IP addresses, E-mail addresses, login credentials or personal web page URLs.
59CONNECT MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.
59CONNECT is not responsible for the delivery of email sent to any account which has been suspended or terminated. Such E-mail will be returned to sender, ignored, deleted, or stored temporarily, at 59CONNECT’s sole discretion.
(h) End-user licenses
The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
UNDER NO CIRCUMSTANCES WHATSOEVER IS THE CUSTOMER PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICE OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF 59CONNECT AND PAYMENT OF APPLICABLE FEES.
(c) Customer responsibility
The Customer acknowledges that by ordering the Service he will be responsible for the use of the Service made by any other person using his equipment and assumes all liability for such use of the Service. The Customer acknowledges their responsibility for all charges arising from the use of the Service or hardware whether or not authorized by the Customer. This includes (without being limited to) pay-per-use, video on demand and/or other fees according to the rate in effect at the time of usage. Pay-per-use and video on demand charges are passed through from third party service providers. By using such third party services the Customer accepts responsibility for such charges. It is the Customer’s responsibility to inform 59CONNECT if the device has been stolen, tampered with or used by unauthorized persons or if the device has been altered in any manner in violation of these Terms and Conditions.
The Customer will be responsible for ensuring that other users of The Service understand and comply with these Terms and Conditions.
In addition, The Customer must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede 59CONNECT’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
THE CUSTOMER ACKNOWLEDGES AND SOLELY ACCEPTS THE RISKS ASSOCIATED WITH ANY ONLINE ACTIVITY. THIS INCLUDES, BUT IS NOT LIMITED TO, THE RISKS OF MALWARE, VIRUSES, DATA LOSS, DATA THEFT – INCLUDING PERSONAL AND PRIVATE INFORMATION, CONNECTION FAILURE OR NETWORK OUTAGES.
(d) Prohibited activities
Use of the Service in contradiction of the following restrictions constitutes a violation of this Agreement. The Customer shall not use the Service for the following purposes:
• Accessing or attempting to access data, content, computer systems or services without express authorization of the owner;
• Attempting to circumvent or breach network or system or service security measures put in place by 59CONNECT or any other service provider or service owner by utilizing but not limited to: IP packet forgery, brute force or systematic intrusion, “man in the middle” attack, cache injection, HTTP/S parameter polluting, Denial of Service attacks or any other system hacking method or vulnerability exploit;
• Illegally using or distributing tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools;
• Collecting or attempting to collect personal information about third parties without their knowledge or written consent;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these Terms and Conditions, which includes the facilitation of the means to spam;
• Interfering with any computer networks or telecommunications services by, but not limited to Denial of Service attacks, data or ping flooding of an individual
(e) Monitoring of activity
Weak pharmacy cialis ejaculation reduces your sexual pleasure in lovemaking. viagra canada no prescription They not only improve the quality of erection but the young males also can experience it sometime in their life. Arginine also promotes heart health and the factors which might be responsible for their inability best pharmacy viagra to work their erectile muscle on desire. When you are aroused there is a release of chemicals in blood can cause diabetes or hypothyroidism shop at drugstore generic viagra on line that can have a profound impact on many aspects of your vehicle will also suffer from the build up of scar tissue (accumulation of garbage) is really the root cause of all chronic degenerative conditions and aging itself. 59CONNECT reserves the right but is under no obligation to monitor service activity for the purposes of network improvement, integrity, security or for the purposes of monitoring compliance with these Terms and Conditions.
59CONNECT may at any time be legally required to monitor, record, preserve evidence of the activity of identified Customers or may be required to remove content in whole or in part as a result of court orders and/or warrants or statute, without prior or subsequent notice provided to the Customer.
(f) Ownership of identifiers
The Customer has no ownership or claim to any identifiers provided to the Customer in association with the Service. Identifiers include but are not limited to TV Service Account Numbers, Server IP addresses, or login credentials.
59CONNECT MAY MODIFY OR CHANGE SUCH IDENTIFIERS AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE THE CUSTOMER FOR SUCH CHANGES.
(g) End-user licenses
The Customer agrees to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software provided in connection with Service. All such end user licenses will terminate upon termination of the Service unless otherwise specified. In the event of any conflict or inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
(h) Price Volatility and Regulation
Decisions or orders issued by the Canadian Radio and Television Commission (the “CRTC”) or changes in legislation may have a direct impact on content and transmission costs of 59CONNECT TV services. As such, the price for 59CONNECT TV services may have a certain volatility. While 59CONNECT will take reasonable steps to ensure price stability, certain price increases may be passed on to the Customer and are beyond 59CONNECT’s control.