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Terms & Conditions
Terms of Service 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 191061332 ONTARIO INC. 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. 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. 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. Subscription Term: You may subscribe for the Service on a monthly basis only. The Service shall be deemed to begin on the date on which Eyesurf activates your Service and shall end on: (i) the last day of the month. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide Eyesurf with written notice. Fees - All services: 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. All fees collected by Eyesurf are non-refundable unless Eyesurf cannot provide service to you. It is your responsibility to alert Eyesurf within 7 days. Any monthly fees may be paid using Visa or Mastercard. You are responsible for, all taxes now or enacted in the future for use of the Services. 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. You must notify Eyesurf in writing within 7 days after receiving 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: Eyesurf Support, Phone: 519-804-7408, Email: support@eyesurf.net. If paying by credit card, 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 (30) days after you provide Eyesurf with notice of your intention to terminate your subscription to the Service 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. In very rare cases Eyesurf reserves the right to terminate your access to the Service by providing you with forty-five (45) days prior written 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. 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. Termination of use of Site and Service: 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. Right to Cancel: The registered user of this service may discontinue their Eyesurf Service at any time for any reason with proper notice as defined below: User must notify and provide a minimum of 30 days notice to Eyesurf, via telephone to cancel Service. Cancellations receive no refunds where service has been delivered. Privacy: For information on privacy issues please see Eyesurf’s Privacy Policy. 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. 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. Waiver of Damages and Limitation of Liability: Eyesurf shall not be liable for: (i) any delay or failure to provide the Service or (ii) any interruption or degradation of voice quality when you use the Service, including, without limitation, any such delay, failure, interruption or degradation caused by: (i) equipment, network or facility failure of any kind, (ii) the ISP or broadband service provider, (iii) any your acts or omissions or the acts or omissions of any other person or (iv) the act or omission of an underlying carrier, service provider, vendor or other third party. User Information: Unless required by court order Eyesurf will not publish User's name and will not make such information available to third parties. Non-transferable: The right to use the Service is not transferable. Intellectual Property Notices: Copyright © 2010 191061332 Ontario Inc., operating as EYESURF, Eyesurf at 348 Rittenhouse Road, Kitchener, ON rights reserved. 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 191061332 Ontario Inc., operating as Eyesurf 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 191061332 Ontario Inc., and may not be used or reproduced without 191061332 ONTARIO Inc.'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. 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. 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. 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 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. Miscellaneous: 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. EYESURF LONG DISTANCE TERMS 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 and info page, (ii) "1-900", "1-976" number calling or (iii) 911 or other similar services, (iii) "311", "411, "911" or other x11 services in any service areas (v) operator assistance calling. EYESURF INTERNET TERMS Prohibited Uses: 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. 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. Allow Users to run Maillist, Listserv or any form of auto-responds from User's account; 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. 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. 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. 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. 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. User E-Mail Account: Eyesurf provides Users with ONE (1) '@eyesurf.net', e-mail account. 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. Modem Usage: When signing up with Eyesurf, you have the choice of purchasing your modem or renting it on a monthly basis. If you choose to rent the modem, you will be charged a monthly modem rental fee and will also be asked to return the modem within seven (7) days upon completion of your service with Eyesurf. In the event that you do not return the modem within seven (7) days, you will then be charged for the full amount of the modem. If you choose to purchase your modem upon signing up with Eyesurf, you will not be charged a monthly modem rental fee, and will not be asked to return your modem upon completion of your service with Eyesurf. Technician Appointments: If a technician needs to be dispatched to your household, you 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 household. In the event that no one is home and the technician has no access the household, you will be charged a fee of $35. Your Responsibilities: You are responsible for getting and maintaining any software required to make use of your Eyesurf.net connection. Eyesurf.net 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.net internet service. If you suspect someone may be using your account without your permission you are required to notify Eyesurf.net immediately. Otherwise you are responsible for any damages caused by such unauthorized use. Service Support: Eyesurf.net will offer support for configuring internet and email programs, but cannot provide support for other system software. Eyesurf.net will support purchased or rented DSL hardware from Eyesurf but cannot support hardware not purchased or rented from Eyesurf.net. EYESURF INTERNET TERMS - DSL 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.net is not responsible for any connection difficulties you may have. Please Note the Following Account Information: 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 month for the preceding month. For DSL, a one-time setup fee of $49.99 plus applicable taxes applies. For home phone only, the setup fee is $19.99 + applicable taxes. Services require payment via credit card. Call to see if we can arrange other payment methods. You are responsible for updating any information on your Eyesurf.net account. You are allowed ONE (1) @eyesurf.net email account. Additional Terms and Conditions for eyesurf.net 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.
