This notice describes our high speed wireless data communications services provided to you (the “Customer”) at the address or location specified in the service order, the terms and conditions of the Service (the “Service”) and the wireless access device(s) and any other Equipment that we may provide to you, including any licensed software loaded on the Equipment (collectively, the “Equipment”).
The provider (the “WISP”) may, in its sole discretion, change, modify, add/or remove portions of this Agreement, and the service provided hereunder, at any time. WISP will notify Customer of any such changes by posting the modified Agreement on the WISP Web site: www.wisponline.ca or sending notice via email, postal mail, or other means to Customer. Customer’s continued use of the service following notice of such change shall be deemed to be Customer’s acceptance of any such modification. If Customer does not agree to any such modification, Customer must immediately stop using the service and notify WISP that Customer is terminating this Agreement in accordance with the notice provisions contained herein.
The Agreement defines our obligations to you, and your obligations in using the Service and the Equipment. This Agreement governs the entire relationship between WISP and the Customer, both of whom agree as follows:
TERM OF THE AGREEMENT
This Agreement shall be in effect for as long as service is being provided, commencing with service installation and will be month to month unless otherwise indicated. This Agreement shall automatically renew on a month to month basis until terminated by either WISP or Customer upon seven (7) days prior, written notice.
Customer has the right to cancel subscription to service(s) at any time. Unless Customer agreed to purchase the Equipment required to provide Service at the time of the installation, WISP owns all equipment, antennas, cables, and select software and upon any termination all equipment must be returned to WISP. Any unreturned equipment will be billed to the Customer in the amount of $400.00 for equipment fees.
CHANGES TO SERVICE
Customer may choose to change their Wireless Internet package/speed without violating the terms of this agreement. Customer agrees that any changes to Service made in the middle of Customer’s billing cycle, may result in additional prorated charge. A move of Service and/or Equipment to a different location will incur normal hourly labor rates of $85 per hour, per technician.
Customer warrants that they are at least 18 years of age and either own the premises at the location given in the service order or have received written permission from the owner to make any changes to the premises needed to install and power the Equipment and receive the Service.
In the case of an apartment or condominium, Customer warrants that they have confirmed that placement of an access device including antenna, if needed, in a common area is not in violation of building owners or other restrictions.
Customer hereby authorizes WISP or its contractor to install the Equipment necessary to receive the Service and agrees to allow WISP or its contractor access to the premises to install, maintain, or repair the Equipment. Customer agrees that any custom installation requested, including but not limited to placing cable inside interior walls, moldings, or cabinets or under carpets, may result in additional charges. The Equipment supplied by WISP under this Agreement is and shall remain the exclusive property of WISP, unless such equipment was purchased by Customer at the time of their installation. Equipment must be returned to WISP in good and working condition upon the termination, expiration, or disconnection of your WISP Service. Customer must use reasonable care to avoid damage to the Equipment, and agree not to alter, modify, sell, license, assign, encumber, relocate, move or tamper with the Equipment. Any Equipment that is not returned to WISP in good and working condition within fifteen (15) days after termination, expiration, or disconnection of service associated with this Agreement then WISP shall have the right to charge Customer $400 for the Equipment and Customer agrees to pay such charge and Customer hereby authorizes WISP to charge such amount using an existing payment method associated with Customer’s account. In the event WISP does not have the Customer credit card or checking account information on file the Customer agrees to immediately pay WISP for the Equipment upon presentation of an invoice.
In the event of cancellation, a WISP contractor or technician will remove the WISP owned Equipment. The Customer, may at their option, remove and return the WISP owned Equipment, in proper working condition. An appointment to return The Equipment must be scheduled with WISP prior to returning the Equipment, and must be returned to the address provided by WISP at the time this appointment is scheduled. In the event the Equipment is not returned within fifteen (15) days following service cancellation WISP may at its sole discretion, remove and repossess the Equipment or charge the Customer for the replacement value of the Equipment as agreed to in the previous paragraph. WISP may at any time repossess its Equipment from Customer premises and Customer hereby consents to WISP entry upon Customer’s premises for such purposes.
All Customers that are renting the Equipment from WISP and/or have enrolled in any of the insurance programs is eligible for a free service call. In the event that WISP is called to Customer’s site and it is determined that the problem is other than the Service and/or self-inflicted, a minimum service fee of $85 will be charged for the first hour and in one hour increments thereafter. The stated rates apply during regular business hours. Overtime, weekend, and holiday rates may be subject to change and higher than normal hourly labor rate of $85 per hour. Travel and related charges may also apply. The provided Equipment is warranted by its manufacturer for a period of one (1) year. During the one (1) year manufacturer’s warranty period WISP will support the hardware for problems covered by the manufacturer’s warranty. Service calls determined to be the result of an out of warranty Equipment will be charged to Customer.
WISP will not be liable for any delay in the delivery or installation of Service or for any damages suffered by Customer by reason of such delay regardless of whether such delay is directly or indirectly caused by WISP.
PAYMENT & FEES
Upon activation of Service, Customer agrees to pay WISP in full for all installation and activation fees, if applicable and any Equipment purchase fees by pre-authorized charge to a valid credit card, debit card, or with the use of Email Money Transfer.
Customer agrees to pay for Service at the rate indicated on the invoice on a monthly basis, in advance, by pre-authorized automatic charge to a valid credit or debit card, or by direct withdrawal from the bank account (direct debit). All invoices shall be due upon receipt. Customer shall promptly notify WISP of any changes to the credit or debit card or bank account used for payment.
In addition to WISP’s charges, the Customer also agrees to pay any federal, Provincial, or local taxes, or other fees imposed on Customer or WISP and directly associated with Customer service or Equipment.
WISP will resolve all disputed charges in its sole discretion. If WISP determines that a billing error was made, it will credit Customer’s account in the amount of the error. If Customer fails to pay an amount when due, WISP may charge Customer a late fee of 5% of the amount due, or such amount as is permitted by law. If Customer fails to pay within thirty (30) days of receiving an invoice, then WISP may suspend service without notice. If service has been terminated or suspended for non-payment, restarting service will require payment of all amounts due, in addition to a re-activation fee of $85 as stated on our pricing page. If past due accounts are not resolved promptly, WISP may at any time repossess its Equipment from Customer premises and Customer hereby consents to WISP entry upon Customer’s premises for such purposes. In addition if Customer fails to pay any amounts when due under this Agreement, WISP shall be entitled to exercise any remedies available to it under this Agreement or at law or in equity. Customer agrees to pay the costs of collection or repossession, including any reasonable attorney’s fees.
SERVICE AVAILABILITY AND SPEED
WISP wireless network is highly reliable, continuously monitored, and not normally affected by weather. However, extreme events outside of WISP’s control, such as lightning strikes and severe weather can damage Equipment, and the quality and availability of Service. The Customer Equipment can be affected by viruses or other problems in Customer owned Equipment or by conditions on the Internet itself. Service may be temporarily unavailable during system repairs or modifications. It is WISP’s intent to provide the access speeds indicated on the service order for a particular level of service at all times, however, Customer should expect that some variations in speed may occur from time to time due to network conditions or conditions on the Internet. WISP does not make any specific service level guarantees or provide remedies for disruption of service unless specified on a service order or expressly set forth in this Agreement, but may at its sole discretion, give credit or refund payments for any periods when its Service is unavailable to Customer through failure of WISP’s network. There will be no monthly bandwidth limit associated with Customer’s Service, nor any overage fees as a result of excessive data usage. WISP will also provide you with thirty (30) days advance notice of any change to your service plan or rates.
You must use the service in accordance with all federal, Provincial and local laws, ordinances, and regulations. WISP strongly recommends that Customers protect all computers or other devices connected to the Internet with firewalls and virus protection software that is kept up to date, so that your account does not become a source of spam or malicious software that would require us to suspend or terminate your service. WISP also strongly recommends that in-home or in-office wireless networks be installed and configured with maximum encryption, so that unauthorized persons do not gain access to your information or illegally gain access to our service, which could also result in suspension or termination of your account.
USER CONDUCT, PROHIBITED or UNLAWFUL USE, EXCESSIVE USE
In order to maintain our network to meet the needs of the users of the service, Customer may not use the service or the Equipment for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the WISP network or the service or any other party’s use or enjoyment of the service. Specifically, you may not:
- Attempt to gain unauthorized access to data, accounts, servers, systems or networks associated with the service, or to probe, scan or test the vulnerability of a system or network associated with the service or those of any other party.
- Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
- Forge or falsify any TCP-IP packet header or any part of the header or address information in an email or a newsgroup posting or otherwise conceal the sender’s or the recipient’s identity. Use the service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider. Additionally, Customer may not, by use of the service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in WISP’s judgment:
- Is threatening, abusive, libelous or defamatory, indecent or obscene, fraudulent, invasive of another’s privacy, or pornographic.
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason. o Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Damages WISP’s network and Service, including, without limitation, overloading servers on the network or causing portions of the network to be blocked by other network providers.
- Use the Service to send unsolicited mass e-mailings from any WISP account or via another service which in any way implicates the use of this service or any WISP e-mail address or that is relayed from any WISP or third party’s mail servers without permission.
- WISP reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the WISP Network. The transmission of unsolicited bulk email may result in civil and criminal penalties against the sender.
- If WISP concludes, in its sole discretion, that Customer is exceeding what WISP considers to be a reasonable use for such Service ordered, WISP may change Customers service as provided for herein with notice or alternatively, suspend or terminate your service.
- Participation in online communication accessed through the service is not edited, censored or otherwise controlled by WISP. However, WISP reserves the right to monitor content which is transmitted or accessed through the Service, and to remove content, disable sites, or suspend or terminate the service if WISP determines such content or Customer practices are illegal, harmful, offensive, or otherwise in violation of this policy.
- By posting or submitting content to any WISP website, Customer grants WISP the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose; and you also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by WISP will not infringe or violate the rights of any third party.
- Customer acknowledges and agrees that copyrights, trademarks, service marks, patents and other proprietary rights and laws protect the content and materials available on any WISP website or through the WISP Service. Except as expressly authorized, Customer agrees not to use the Service in any manner that would infringe, violate, dilute or is appropriate any such rights with respect to any material.
- The WISP name, logo, and design marks are trademarks of WISP, and may be used only with the express written permission of WISP.
- WISP takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, suspend or terminate services, or take other action as necessary.
- WISP DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. WISP DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL WISP BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY OR USE OF ANY WISP WEBSITE ASSOCIATED WITH THE SERVICE, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION. ANY FAILURE BY WISP TO ENFORCE THIS POLICY IN EVERY INSTANCE IN WHICH IT MIGHT HAVE APPLICATION DOES NOT AMOUNT TO A WAIVER OF WISP’S RIGHTS.
- Please send reports of any activity in violation of law or this Policy to email@example.com. WISP and its service providers will reasonably investigate incidents involving such violations. WISP and its service providers may involve and will cooperate with law enforcement officials if any criminal activity is suspected.
- Customer shall be bound by WISP’s Acceptable Use Policy as amended from time to time and posted on the www.wisponline.ca website, which is hereby incorporated by reference as part of this Agreement. Customer is solely responsible for all content transmitted using the service or the Equipment and shall not use the service or the Equipment in any way that could be harmful, damaging, or cause interference to WISP’s network or to others. Specifically, Customer shall not use the service or Equipment to communicate harassing, threatening, defamatory, pornographic, or obscene material or messages, to send or broadcast unsolicited commercial messages, to infringe copyrights, patents, or other intellectual property, to attempt to gain unauthorized or illegal entry to other’s computer systems or to transmit any virus, worm, or other malicious or potentially damaging code. WISP reserves the unilateral right to suspend or terminate service to any account engaging in such activities.
- In addition, WISP Customers may not resell or lease WISP’s service or Equipment to any other person or party, provide it to persons not a resident on Customer’s premises, use it to operate an Internet Service Provider enterprise, or operate servers connected to the Internet for commercial purposes.
Customer acknowledges that WISP offers no guarantee or assurance regarding, and has no responsibility for, the accuracy, completeness, appropriateness or utility of documents, graphics, photos, music, and other content or services (Content) provided by WISP or third parties over WISP’s Service. Customer also acknowledges that WISP is not responsible for the actions of any third parties contacted by Customer over the service. Customer takes full responsibility for use of content in which others have proprietary or intellectual property rights, and agrees not to reproduce, broadcast, distribute, sell, publish, commercially exploit or otherwise disseminate any such content over the service without prior written consent from content owners or rights holders.
WISP will take reasonable efforts to safeguard any personal Customer information that it collects in the course of checking credit, planning installation, or providing service. WISP does not sell Customer information or share it with third parties, except WISP’s contractors, when required for the performance of their services. WISP will only disclose Customer information to authorized officials or agencies as required by law. WISP may from time to time offer additional services to its Customers, but any Customer may contact WISP to opt out of receiving such marketing offers.
SUSPENSION OR TERMINATION OF SERVICE
WISP may limit, suspend or terminate Customer’s service or this Agreement at any time and without providing notice to Customer if the Customer fails to pay any charges when due under this Agreement, or WISP has reason to believe that Customer’s service is being used in a fraudulent manner or illegal purpose, or in any way that adversely affects WISP’s Customers or service, or if Customer’s use of the service or Equipment exceeds limitations or violates any restrictions placed on Customer’s account or otherwise breaches this Agreement. WISP may take any action that it deems necessary to protect its network, its rights, or the rights of its Customers, licensors, and other third parties or to improve its network, its services and Equipment. Customer acknowledges that such action may include the use of methods or technologies to filter or block messages sent through the service or to notify WISP of attacks or the potential for attacks by viruses or sources of “spam” from within its network. WISP reserves the right to filter spam or prevent hacking, viruses or other potential harms without regard to any Customer preference. WISP may suspend or terminate service to any Customer, without prior notice, if in its sole discretion such action is required to protect its network. WISP shall not be liable to Customer for exercising or failing to exercise its rights under this section to limit, suspend, or terminate service.
LIMITATION OF LIABILITY AND INDEMNIFICATION
WISP makes no representations or warranties, statutory, express or implied, as to the suitability of its Service for any particular purpose or as to the Equipment. Customer assumes all responsibility for use of the service and acknowledges that interruptions of service may occur. WISP shall not be liable for any deficiency in the Service, including but not limited to interruptions, Equipment failures, delays or defects, network problems, inability to access the Service, or problems of unauthorized access, any suspension or termination of Service by WISP or any other action taken by WISP to protect its network and the rights or property of WISP, its Customers or licensors from potential harm, damage or personal injury allegedly caused by use of the Equipment or Service or any other damage due directly or indirectly from causes beyond WISP’s control including, but not limited to, any act or omission of any carrier or service provider other than WISP, acts of God, acts of public enemies, acts of the government, acts or failure of action of Customer, fires, floods, epidemics, quarantine restrictions, hazardous environmental conditions, strikes, freight embargoes, inability to obtain materials or services, war, terrorism, unusually severe weather conditions or default of WISP’s subcontractors.
WISP’s sole liability for service disruption, regardless of cause, is limited to a credit proportional to the charges to Customer for the period of service disruption. Such compensation aside, and to the extent permitted by applicable law, WISP shall not be liable for damages, or for consequential, incidental, special or other indirect damages, nor for economic loss, personal injury, or property damage sustained by Customer or any third parties. This section shall survive termination of this Agreement. WISP will not be liable for any damages, including property damages, resulting from installation or use of the Equipment by Customer or any third party, including WISP’s contractors. If Equipment is lost or stolen, Customer agrees to promptly notify WISP and to provide WISP with any documentation or information that it requests and otherwise cooperate with WISP in the investigation of such incident. Customer shall be responsible for any loss or damage to any Equipment belonging to WISP on Customer’s premises. Customer shall indemnify, defend, and hold WISP harmless from any violation by Customer of any applicable law or regulation. Customer will further indemnify WISP for any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of information or content that Customer submits, posts, transmits or makes available through the service or Customer’s use of the service or Equipment, Customer’s actual or alleged violation of this Agreement, or Customer’s actual or alleged violation of any rights of a third party.
This Agreement and the documents to which it refers form the entire Agreement between Customer and WISP. If Customer is a business or other organization, the Customer represents and warrants that the individual accepting this service Agreement on behalf of the Customer is authorized to do so. This Agreement is not for the benefit of any third party. No failure or delay by WISP in exercising any right or remedy shall operate as a waiver. Any waiver by WISP of any provision in this Agreement must be in writing and shall apply only to the specific default identified in the waiver.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
This entire Agreement shall be governed by the laws of the Ontario, Canada and the venue for any dispute shall be in Whitby, Ontario