Terms & Conditions

YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN YOU AND THE SERVICE PROVIDER EYESURF CORPORATION THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS INTERNET SITE AND THE TELECOMMUNICATIONS AND/ OR LONG DISTANCE AND INTERNET PRODUCTS AND SERVICES OFFERED. EACH TIME YOU USE THIS SITE OR THE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATE AND CHANGED WITHOUT NOTICE TO YOU. THIS SECTION OUTLINES CONDITIONS APPLICABLE TO ALL SERVICES.

1. Use of the Site and the Service:
The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If you are under the legal age of majority in the jurisdiction in which you live and wish to subscribe to the Service, please have a parent or legal guardian subscribe to the Service on your behalf.
Eyesurf reserves the right to suspend or terminate your account if you provide incomplete or inaccurate information at the time of registration or any time thereafter.
You agree: (i) not to do anything to interfere with other users of the Service, (ii) not to impersonate any person or otherwise misrepresent your affiliation with a person or entity when using the Service, (iii) not to use the Service in a manner which is a criminal offense or violate the rights of any party, (iv) not to use the Service to send unsolicited messages, and (v) not to use the Service for any unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory or otherwise harmful purpose.

2. Limitation of Liability:
Eyesurf exercises no control whatsoever over the content that passes over Eyesurf's network. Use of any information obtained via Eyesurf, is at User's risk. Neither Eyesurf, nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted, like all other ISP's.

3. Subscription Term:
A 12-month commitment is required for our services. The Service shall be deemed to begin on the date on which Eyesurf activates your Service and shall end on: the day before the same date in the immediately following year. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide Eyesurf with written notice. Cancellation prior to 12-months is subject to a $100 penalty fee for liqudated damages. A change of address is subject to a $40 moving fee. If a technician is required for installation in your new address, an additional $65 fee applies. Extra installation charges may apply in unusual circumstances. These fees are in addition to the regular service and order processing fees.

4. Fees - All Services:
4.1. Eyesurf reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees.
4.2. All fees collected by Eyesurf are non-refundable unless Eyesurf cannot provide service to you
4.3. You are responsible for all taxes now or enacted in the future for use of the Services.
4.4. All fees may be paid using Visa, Mastercard, American Express or Preauthorized Debit (PAD). Call to arrange alternative payment methods
4.5. Your invoices and receipts will be sent to your @eyesurf.net email account or the email provided to us upon sign up.
4.6. In the event that Eyesurf is unable to collect payment for any reason, Eyesurf will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended. Suspended accounts are subject to a suspension fee of $25.00. Re-activation of a suspended or terminated account will result in a $25.00 re-activation fee.
4.7. Eyesurf reserves the right to terminate your access to Services if your outstanding balance remains for over 30 days, and you have not demonstrated any effort or intentions of resolving your balance.
4.8. Any underbilled or unbilled Charge shall be payable by Customer when correctly billed. Eyesurf may bill for Charges up to one (1) year from the date the Charge was incurred.
4.9. A one-time order processing fee of $29.99 plus applicable taxes applies to all High Speed Internet and Home Phone Bundle orders. This order processing fee is $39.99 for all Home Phone, or Dry DSL orders. These fees cover the processing of your order, and are non-refundable. A $100 liquidated damages fee applies if the Customer terminates the Services prior to the minimum commitment period. The order processing fee for Business accounts is $99.99, and the liquidated damages fee is $200 for early termination prior to the minimum commitment period.

4.10. Fees - Credit Card Payments:
4.10.1. If your credit card expires, your billing address changes or the card is cancelled and replaced as a result of loss or theft, you must advise Eyesurf at once.
4.10.2. You must notify Eyesurf in writing within ten (10) days of your credit card statement, if you dispute any of Eyesurf's charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to: billing@eyesurf.net.
4.10.3. Your initial use of the Service authorizes Eyesurf to charge the credit card account number on file with Eyesurf for fees and taxes. This authorization will remain valid until thirty (60) days after you provide Eyesurf with notice of your intention to terminate your subscription to the Service.
4.10.4. In the event that a credit card payment fails, an administrative charge of $5.00 will apply.

4.11. Fees - Preauthorized Debit:
4.11.1. By default, PAD payments are processed on the 5th and 15th of the month. In the event that either of these days fall on a Holiday, please allow up to two (2) business days for processing.
4.11.2. In the event that a PAD payment fails, an NSF fee of $20.00 will apply
4.11.3. Your use of PAD payments indicates your agreement with the terms outlined in the signed Eyesurf PAD agreement

5. Accuracy of Information on the Site:
Eyesurf strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, Eyesurf reserves the right correct such misprint or other error, without liability to Eyesurf.

6. Termination of use of Site and Service:
6.1. Eyesurf reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site at anytime without notice to you. Eyesurf reserves the right to restrict or terminate Service if it is abused. The following list sets out what is deemed abuse: (i) using the Service for telemarketing purposes, (ii) using the Service for crank calling or prank calling purposes, (iii) using the Service for autodialing, modem or faxing (including, fax broadcasting and fax blasting) and/or (iv) using the Service in a manner which is inconsistent with normal expected residential use of the Service.
6.2. In some cases, Eyesurf reserves the right to terminate your access to the Service by providing you with ten (10) days notice. In such an event, Eyesurf may at its discretion refund to you a pro-rated amount of any prepaid amounts received from you based on the number of full months remaining in your prepaid term.

7. Right to Cancel:
7.1. The registered user of this service may discontinue their Eyesurf Service at any time for any reason with proper notice as defined below: (i) Cancellation requests must be via telephone (ii) In the case of a monthly subscription, Customer must notify and provide a minimum of 30 days notice to Eyesurf. In the case of an annual subscription, a penalty fee of $100 will be applied for cancellation of Service prior to the minimum required period of one year. (iii) Cancellations receive no refunds where service has been delivered.
7.2. Customer agrees that services will be disconnected at any time on the disconnection date, not necessarily at the end of the day

8. Privacy:
Please see our privacy policy at: eyesurf.net/privacy. By accepting these Terms and Conditions of Use, you consent to our collection and use, of your personal information in accordance with Eyesurf's Privacy Policy without any further notice or any liability to you or any other person.

9. Site and Services are Provided "As Is" and "when available":
The Site and the Service are provided on an "as is" and "when available" basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of Eyesurf. Security and privacy risks cannot be eliminated. We reserve the right to restrict destinations deemed to result fraudulent abuse of our network. These areas include but are not limited to 712-432-XXXX, 712-338-7XXX, 712-338-8XXX, 212-444-XXXX, 212-990-XXXX, 212-461-XXXX, 218-862-XXXX, 218-339-XXXX, 218-486-XXXX, 218-548-XXXX, 218-844-XXXX 218-936-XXXX, 218-585-XXXX, 347-677-XXXX.

10. Waiver of Damages and Limitation of Liability:
Eyesurf does not guarantee error-free or uninterrupted operation of the services nor shall it be liable for any failure, breakdown, interruption or degradation in a service or in the network or any other network or connection involved in the provision or use of services whatever the cause of such failure, breakdown, degradation or interruption and however long it lasts. Neither Eyesurf nor any of its affiliates, employees, agents or representatives makes any warranties, representations, conditions or guarantees of any nature whatsoever regarding any service, product or Eyesurf facilities provided by Eyesurf to the customer, either express or implied, including, without limitation, those relating to: (i) Fitness for a particular purpose or merchantability with respect to the services; (ii) Network transmission capacity; (iii) The security of any transaction; (iv) The fault tolerance of the services or the suitability of same for high risk activities; or (v) The reliability or compatibility of the Eyesurf facilities and equipment or software of third parties which may be utilized by Eyesurf in providing, or by the customer in using, the services, and all warranties, representations and conditions, express or implied, are, to the extent permitted by applicable law, hereby excluded. The customer acknowledges that is has not relied upon any representation, warranty, condition or guarantee made by Eyesurf.

11. User Information:
Unless required by court order Eyesurf will not publish User's name and will not make such information available to third parties.

12. Non-transferable:
The right to use the Service is not transferable.

13. Intellectual Property Notices:
Copyright © 2010 Eyesurf Corporation, Eyesurf at Box 48024 Williamsburg Plaza, Kitchener ON N2E 4H0 rights reserved.

14. The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of Eyesurf Corporation, and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service. "Eyesurf", together with all associated graphics, logos, and slogans, is a trade-mark of Eyesurf Corporation , and may not be used or reproduced without Eyesurf Corporation's express prior written permission.
Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site.

15. Governing Law:
These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.

16. Force Majeure:
Neither party shall be liable for any breach of these Terms and Conditions of Use or for any failure in performance resulting from any cause beyond such party's reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labour trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.

17. Contact Information and Notice:
If you have any questions regarding these Terms and Conditions of Use or the Site generally, please contact Eyesurf Support; Phone: 519-804-7408, or Email: support@eyesurf.net

18. Failure to Comply With Terms and Conditions:
Eyesurf may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Eyesurf, in its sole discretion believes violates any of the terms and conditions in this Agreement.

19. Shipping and Handling:
Unless otherwise specifically stated, the cost of shipping is not included with any orders or returns. The Customer agrees to pay for all shipping and handling of equipment in addition to any fee or charge for the Service. Unless otherwise stated, shipping is $15.00.

20. Miscellaneous:
a. User agrees to notify Eyesurf, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to Eyesurf.
b. Accounts are created upon receipt of payment. Billing period starts upon service installation date. Eyesurf bills one month in advance, except for per-minute long distance usage, which is billed on the first of the next month. Services require payment via credit card only. Call or Email billing@eyesurf.net to see if we can arrange other payment methods. You are responsible for updating any information on your Eyesurf account. You are allowed ONE (1) @eyesurf.net email account.

EYESURF LONG DISTANCE TERMS

1. You agree to indemnify and hold harmless Eyesurf and its alliance partners for any charges or penalties as a result using the service improperly i.e. calling long distance to the access number for any service. You may access and make use of the Services solely for your own personal, residential use. The Service is to be used for voice only purposes. You may not resell or transfer the Service to any other person for any purpose, or charge any other person for the use of the Service. The Service does not support: (i) "011" calling, except where specified on the rates page (www.eyesurf.net/rates.php), (ii) "1-900", "1-976" number calling or (iii) "311", "411", or other x11 services in any service areas, with the exception of 911 (iv) operator assistance calling.

EYESURF HIGH SPEED INTERNET AND HOME PHONE TERMS

1. Prohibited Uses:
a. User may not Send Spam when dialed into the network. The following types of E-mail sent constitute as Spam:
Forged E-mails To/From address other than from the actual sender or to the actual recipient.
Message subject not related to the E-mail body.
E-mail not requested by the recipient.
E-mails sent in bulk by sender.
Mail bombs.
b. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information which contains a virus, cancelbot, Trojan horse, worm or other harmful component.
c. Allow Users to run Maillist, Listserv or any form of auto-responds from User's account;
d. Unauthorized Use of Relay Servers. User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
e. Fraudulent Addressing. User agrees that the purposeful distribution of any E-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any E-mail messages sent while using the Eyesurf Service.

2. Fraudulent Content - Acceptable Use:
User agrees to be held responsible for the distribution of fraudulent materials. Eyesurf, reserves the right to bill a users credit card if violating these terms results in costs of any kind to Eyesurf.

3. Restricted Content:
You agree not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities including pornography, obscenity, nudity, violations of privacy, hacking, computer virus, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

4. Minimum Re-Connect Limit:
User understands they cannot log back on for a period of one (1) minute following the termination of their online session.

5. User Email Account:
Eyesurf provides Users with ONE (1) '@eyesurf.net', e-mail account. Authentication for this account is the same as for your PPPoE (what you supply to your modem).

6. No System Backup:
Eyesurf does not and will not perform system backups on any User's E-mail account(s). Eyesurf, shall not be held responsible for any lost E-mail data or any E-mail message contents. Storage for e-mail messages is set to 10 MB per account. E-mail data on our servers may be deleted at least every 21 days.

7. Equipment/Hardware
a. For certain Services, the Customer may purchase or rent hardware or equipment from Eyesurf ("Equipment").
b. The Customer shall cause the Equipment to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws. The Customer will use the Equipment only in the manner for which it is designed and as a prudent and careful owner would.
b. In the case of rented equipment, the Customer will not sell, lease or otherwise dispose of the Equipment (or any part thereof) and will keep the Equipment free of all encumbrances. This does not apply to purchased equipment, so long the Equipment has been paid in full.
c. The Customer will bear the risk of loss, destruction or confiscation to the Equipment from the time the Equipment is delivered to the Customer
d. The Customer shall not modify the Equipment's hardware, software, firmware or any other portion of the Equipment, except for what is provided on Eyesurf's Support page. Any alterations beyond this can hinder functionality of the Equipment, and will not be supported by Eyesurf. In the event that these alterations prevent/alter the functionality of the modem, the customer will be charged a repair fee to be determined by Eyesurf. In the event that the modem cannot be repaired, the customer assumes responsiblity and must pay the full purchase price of the modem.
e. In the event of a modem exchange, the Customer will be charged a $10.00 modem exchange fee as well as any fees for shipping/delivery of new Equipment and/or return of previous Equipment.
f. Upon termination of this Agreement, or termination of a certain Service hereunder, the all rented Equipment must be returned to Eyesurf within ten (10) days from the date of termination, failing which, the Customer will be charged the full purchase price of the Equipment. Returned Equipment must include all original cables and power adapters, must not have any physical damage and must be in good working order.
g. Eyesurf does not recommend, endorse or support the use of third party hardware not supplied by Eyesurf.

8. Service Specifications
a. Service speed is up to the advertised upload and download speeds listed on Eyesurf's website; for example, the speed 'up to 10 Mbps' means that the Customer can expect speeds up to 10Mbps.
b. Eyesurf cannot make any guarantees on the speed of the Customer's connection due to the fact that speeds vary on many external factors outside of Eyesurf's control (including, but not limited to the distance between the Customer's premise and Eyesurf's Central Office or remote server).
c. Eyesurf shall use reasonable efforts to deliver and install the Service by the activation date. However, delays may occur due to such factors as the Customer's availability or the acts or omissions of, third party suppliers or providers. Eyesurf does not guarantee that Services will be delivered and installed by the activation date

9. Service Installation and Technician Appointments:
a. If a technician needs to be dispatched to the customer premise, the customer will be notified by Eyesurf and will need to agree upon an appointment date and timeframe. It is then expected that someone will be home on that date during the agreed upon timeframe in order for the technician to access to the premise. In the event that no one is home and the technician has no access the household, the customer will be charged a fee of $25. This fee also applies if someone is home but refuses the technician access to the house/building. Please note: There is no guarantee that your service will be installed on the provided date, as external factors outside of our control can impede installation. In such case, a follow up installation date would need to be arranged.
b. Any additional wiring or termination of circuits past the Customer demarcation point is the Customer's sole responsibility. In the event the Customer requires wiring to be performed by Eyesurf, such wiring may be performed by Eyesurf at a fee to be determined by Eyesurf. Eyesurf offers no warranties or otherwise guarantees on any inside wiring work, as maintenance is the responsiblity of the Customer

10. Eyesurf Customer Referral Program
a. Eyesurf rewards you for providing referrals to our service. Upon each successful referral to our ViP High Speed Internet and Home Phone Bundle, you will receive a credit of $5 for each month that your referral is subscribed, for a maximum of 12 months. If your referred customer leaves prior to 12 months, referral credits for that customer will also terminate.
b. Referral credits are only valid for referrals to our ViP High Speed Internet and Home Phone bundle.
c. The Referrer name and/or telephone number must be supplied at the time of sign up, or within 15 days of signup. Referral credits cannot be backdated after these dates. This also means that referral credits cannot be retroactively applied for existing customers.
d. The Referral Program is not valid for customers signed into bulk agreements
e. Eyesurf reserves the right to terminate this promotion at any time for any reason whatsoever. Upon termination, any existing (in-progress) referral credits will still continue to be delivered as promised

11. Your Responsibilities:
You are responsible for getting and maintaining any software required to make use of your Eyesurf connection. Eyesurf provides no warranties for any internet or email or other connection software you may run on your computer. We assume no responsibility for any damages that may result from the use of such software.
You are responsible for ensuring that use of this account does not result in damage or disruption to Eyesurf internet service. If you suspect someone may be using your account without your permission you are required to notify Eyesurf immediately. Otherwise you are responsible for any damages caused by such unauthorized use.

12. Service Support:
a. Eyesurf will offer support for configuring internet and email programs, but cannot provide support for other system software.
b. Eyesurf will support purchased or rented DSL hardware from Eyesurf but cannot support hardware not purchased or rented from Eyesurf.net.

13. Minimum System Requirements:
You are responsible for ensuring that your computer meets the minimum system requirements. For Windows systems: Windows 95 (with original CD), Pentium 90 (Pentium 166 recommended), 32mb ram, 75 MB available on hard drive, free PCI slot for Ethernet card, CD-ROM drive. For Macintosh systems: Mac OS 7.6 with Open Transport 1.2 installed, PowerPC Processor 601, 32mb ram, 75 mb available on hard drive, CD-ROM drive, Ethernet support. If your computer does not meet these requirements Eyesurf is not responsible for any connection difficulties you may have.

Additional Terms and Conditions for Eyesurf High Speed Service:
Resale of bandwidth or any other part of the High Speed service provided by Eyesurf.net, for any purpose, is strictly prohibited.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between the parties and supersede all prior agreements and discussions regarding the subject matter of these Terms and Conditions of Use.