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TERMS AND CONDITIONS
These terms and conditions are a legal agreement between you
and Building Technologies Inc (hereinafter referred to as BT),
and represent the complete and entire agreement with respect
to the Residential High Speed Internet services.
A. GENERAL
- As a condition of using the Services, you agree to accept
and comply with the terms of service set out below. Your use
of the Services constitutes your acknowledgement and agreement
that you have read and that you understand these terms of service.
If you do not agree to comply with all of these terms of service,
your sole and exclusive remedy is to discontinue your use of
the Services.
- BT remains the sole owner of the Internet connection.
- This Agreement is effective upon service activation.
B. CLIENT OBLIGATIONS
By accepting the terms of this agreement and using the Services,
you agree that:
- Proper access and ethical use of the Internet connection is
your responsibility.
- You will abide by such rules and regulations of system usage
as may be imposed from time to time by BT.
- You will comply with rules and laws applicable to your use
of the service. You will not use BT services to violate copyright
or other intellectual property rights of others. You will not
upload or download commercial software in violation of the applicable
software license agreements accompanying such software.
- You will refrain from mass posting of the same message to many
inappropriate Usenet newsgroups (spamming). You will refrain from
mass, unsolicited emailing. You will post advertisements only
where appropriate (e.g. biz. *, for sale. *) and other venues
that specifically encourage or allow advertising. You will respect
the conventions of the newsgroups, lists, and networks to which
you are posting content. You are responsible for reviewing the
terms of all networks, website, user groups and other World Wide
Web pages or sites accessed using the service.
- You hereby release BT, its affiliates and subsidiaries, and
the officers, directors, employees and agents of each of the foregoing,
from any and all claims of any nature arising from the use, or
inability to use, the Internet connection.
- You will indemnify BT, its affiliates and subsidiaries, and
the officers, directors, employees and agents of each of the foregoing
for any claims, actions, damages, costs, expense and losses whatsoever
arising from improper use of the Internet connection and will
compensate anyone harmed by any illegal, improper, unauthorized
or abusive use of the Internet connection (including failure to
comply with the terms of all networks, website, user groups and
other world wide web pages or sites accessed using the service.
- You will not seek to gain unauthorized access to the resources
of the Internet or BT, disrupt the intended use of the Internet
or the high speed internet services, waste resources through such
actions, destroy the integrity of computer-based information,
or compromise the privacy of users or attempt to harass users.
- You will not divulge your login password as long as it resides
on BT's system.
- BT exercises no control over the content of materials accessed
through BT systems. Some materials may be offensive or adult in
nature or may not be legal in your jurisdiction.
- Clients less than 18 years of age must have a parent or legal
guardian sign this agreement.
C. BT RIGHTS, DISCLAIMERS AND LIMITATIONS
- BT may deny or suspend access to any Client who does not provide
accurate personal information.
- BT reserves the right to change the terms and conditions of
this service agreement by notifying you in writing or by email
at least 30 days in advance of the effective date of the change.
Use of the service after the effective date constitutes acceptance
of the new terms and conditions.
- BT does not assume responsibility for review of materials,
or the appropriateness thereof, and will not undertake to review
materials for appropriateness or lawfulness. However, BT reserves
the right to review any material stored in files or programs to
which other users have access and may edit or remove any material
that, in its sole discretion, believes may be unlawful, obscene,
abusive, or otherwise objectionable. BT further reserves its right
to provide information to third parties (including BT’s
service providers) that it reasonably believes is necessary to
investigate misuse or illegal use of the BT service. Such information
may include Client name, address, MAC number and other information
as deemed appropriate.
- BT reserves the right to revoke or suspend access, at its discretion,
for any illegal, unauthorized or abusive conduct or fraudulent
use of the Internet connection. In addition, should BT
reasonably believe you have or will breach these terms, BT may
suspend or terminate the services, at its option.
- BT DOES NOT PROVIDE ANY WARRANTIES WHATSOEVER FOR THE INTERNET
CONNECTION SERVICE, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, ARISING
BY STATUTE, OPERATION OF LAW OR OTHERWISE. IN PARTICULAR (AND
WITHOUT LIMITING THE FOREGOING) BT DOES NOT WARRANT THAT THE FUNCTIONS
OF THE INTERNET CONNECTION WILL MEET ANY SPECIFIC REQUIREMENTS
THAT YOU MAY HAVE, NOR THAT THE INTERNET CONNECTION WILL BE ERROR
FREE OR UNINTERRUPTED, NOR SHALL BT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA, INFORMATION,
OR PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE USE OF,
OPERATION OF, OR INABILITY TO USE THE INTERNET CONNECTION. BT’S
MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES FOR ANY CAUSE WHATSOEVER
(INCLUDING WITHOUT LIMITATION, FUNDAMENTAL BREACH, NEGLIGENCE
OR MISREPRESENTATION) TO YOU OR TO ANY THIRD PARTY WILL BE LIMITED
TO THE FEES PAID BY YOU IN THE ONE MONTH PERIOD PRECEDING THE
CLAIM.
- Speed is a function of the bottlenecks experienced upon the
wider network architecture of the Internet itself. As such, BT
DOES NOT GUARANTEE THE MAXIMUM HIGH SPEED SERVICE PERFORMANCE
(THROUGHPUT SPEEDS) LEVELS BUT WILL MAKE EVERY REASONABLE EFFORT
TO ENSURE THE HIGHEST POSSIBLE QUALITY OF SERVICE IS ALWAYS DELIVERED.
- BT will not be responsible and assumes no liability for any
corrupted files or viruses, which affect the user of the High
Speed Service. It is your responsibility to safeguard your system,
through appropriate means (e.g. using commercially available software),
from theft, unauthorized use or system corruption. Due to the
“always on” nature of the Highs Speed Service technology,
any detriment caused to your computer system as a result of your
failure to properly secure your system will be your responsibility.
Any detriment caused to the network as a result of your failure
to properly secure your system may result in the immediate termination
of High Speed Service.
Certain jurisdictions may not allow the limited warranties or exclusions
of damages and remedies. In such an event, BT limits all warranties,
exclusions of damages and remedies to the maximum allowable at law.
D. FEES, INVOICING, PAYMENT
- BT reserves the right to alter its pricing terms upon 30 days
prior notice, which may be provided to you in writing or to which
you may be directed to review when using the High Speed Service
- NSF payments will be subject to a $25.00 handling fee.
- A late payment charge of 1.0% per month (or the highest allowable
at law, whichever is less) may be applied to any invoice for which
payment has not been received by BT by the payment due date printed
on the invoice.
- If an account is in arrears for 15 days (or longer), the account
will be closed and charged with an additional months’ service.
E. ETHERNET CARD
The installation of the Ethernet card required to use the High
Speed Service is solely your responsibility. BT is not liable
and will not be held responsible for any claims related to the
faulty installation or performance of your Ethernet card.
F. HIGH SPEED SERVICE BANDWIDTH RESALE PROHIBITED
Resale of bandwidth or any other part of the High Speed Service
provided by BT for any purpose is strictly forbidden. Failure
to comply with this condition will result in immediate cancellation
of the High Speed Service and your BT account.
G. IP ADDRESS / HOST NAME
Any IP address assigned to you by BT is the property of BT at
all times. IP addresses can and will change from time to time
(e.g. each time the High Speed Service modem is powered off, or
any time at the discretion of BT without prior notice to you).
This does not apply to a statically assigned IP address that you
are paying for. BT assumes no liability whatsoever for any claims,
damages, losses or expenses arising out of or otherwise relating
to any change in IP Addressing.
H. ACCOUNT SUSPENSION
- The High Speed Service may be suspended or its use restricted
at any time if: the operations or efficiency of the High Speed
Service is impaired by the use of your account; or the total monthly
throughput generated by your account creates an unusually large
burden on BT’s network or impedes others’ ability
to send or retrieve information; or any amount is past due from
you to BT; or there has been or is any breach of any term or condition
of this Agreement or your Lease Agreement with your landlord.
- In the event of an account suspension for any of the above
reasons, a service charge in the amount of $100.00 will be applied
to your account.
- If there is or has been an inadvertent misuse of your account
which impairs the operations or efficiency of the High Speed Service,
BT reserves the right to suspend your account until the problem
has been corrected, without any reduction in your High Speed Service
rates.
- If your account is suspended and the outstanding problem has
not been resolved within 30 days from you last bill date, the
High Speed Service may be disconnected and the applicable installation
fee will apply if you wish to resume your High Speed Service subscription.
I. INSTALLATION APPOINTMENTS
In no event will BT be responsible for any claims, damages, losses
or expenses, including without limitation lost wages or missed work,
in the event that an installation appointment is missed or delayed,
by either BT or by any third party installer.
J. MISCELLANEOUS
These Terms constitute a legal binding agreement (“Agreement”)
between us and are the entire agreement between us. In the event
that any one or more of the provisions of this Agreement is found
to be illegal or unenforceable, this Agreement will nevertheless
remain in full force and effect, and such term or provision will
be deemed severed.
A failure by BT to enforce any right under this Agreement shall
not at any time constitute a waiver of such right or any other
right, and shall not modify the rights or obligations of either
party under this Agreement. If any provision of this Agreement
is declared by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such a provision shall be deemed severed
from the Agreement and the other provisions shall remain in full
force and effect.
If you do not agree to any new terms and conditions applicable
to the services, or should you at any time wish to cancel the
services all together, you may provide notice to BT at the address
noted below, directed to the attention of “BT Customer Service”.
This Agreement shall be governed by and interpreted in accordance
with the laws of the Province of Ontario, and federal laws applicable
therein. The parties agree to the exclusive jurisdiction of the
courts of such province
The provisions of Sections A, B (6), C (5) (6) and (7), D and
J will survive the termination of this Agreement for any reason.
The original of this Agreement has been written in English and
you waive any right you may have under the laws of your territory
to have this Agreement written in any other language. You represent
that you have the ability to read and write in English and have
read and understand this Agreement. If this Agreement is translated
into a language other than English, the English version and interpretation
shall govern and prevail. All communications between the parties
hereunder shall be in English. Les parties aux présentes
ont exigé que cette entente et tous autres documents envisagés
par les présentes soient rédigés en anglais.
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