This Agreement sets out duties and responsibilities associated with providing you with the Service through a designated account and, by accessing the Service, you agree to certain terms and conditions.
READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.
Tuckersmith Communications Co-operative Limited ("TCC") provides access to the Internet (the "Service"). This Agreement sets out duties and responsibilities associated with providing you with the Service through a designated account (the "Account"). By accessing the Service, you agree to the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.
- Use Subject to Service Provider's Policies. You are solely responsible for all access to the Service through your Account. You agree to comply with TCC's policies respecting the Service as provided from time to time, including those attached to this Agreement or to which you are directed when using the Service. You agree to hold TCC harmless from all liabilities and expenses related to any violation of this Agreement by you or any user of your Account, or in connection with your or their use of the Service.While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to TCC's policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.
- Fees and Charges. You agree to pay such fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of the Service through your Account in accordance with the rates and terms established by TCC for the Service and as such rates and terms may be amended by TCC upon reasonable notice to you or which you are directed to review when using the Service.
- User Information. Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. TCC has no obligation to monitor the Service. However, you agree that TCC reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request, to operate the Service or to protect itself or others.
- No Liability for Content. Be aware that some content, products or services ("Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that TCC does not attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. TCC assumes no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
- Software and Documentation Supplied. Any software or documentation supplied by TCC or its agents to you to access the Internet shall remain the property of TCC, as applicable. You shall take appropriate steps to protect same against loss or damage. The use by you of any such software and documentation shall be subject to such terms set out in the License Agreement included with the software and documentation.
- Your Equipment. It is your responsibility to ensure that your computer system meets the current minimum requirements stated by TCC as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Agreement.
- You Can Best Control the Risk and Therefore Are Responsible. The fees charged by TCC reflect the allocation of risk herein and the limited recourse to TCC provided for in this Agreement. TCC will not assume any responsibility for your acts or omissions or of any individual who uses your Account. As between TCC and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility.
- Limited Warranty. The Service and any deliverables provided by TCC are provided "as is" and "as available" without warranties or conditions of any kind. TCC does not warrant the uninterrupted use or operation of the Service or any deliverable provided under this Agreement. The entire risk as to the quality and performance of the Service is with you. Further, TCC does not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of your computer equipment nor that any Content, or other material accessible on the Service is free of viruses or other harmful components.THERE ARE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
- Limitation of Liability. (a) In the event of any breach by TCC, its affiliates or its agents including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from TCC payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to TCC in the last three months.(b) Other than as set out in paragraph (a) above, under no circumstances shall TCC, its affiliates or its agents be liable to you or any third party for:(i) any direct, indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Agreement including your use of the Service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance.(ii) any losses or expenses (including legal fees) arising out of or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.
- Termination. This Agreement may be terminated by you upon notice to TCC. TCC may suspend or restrict the Service or terminate this Agreement and the Service at any time if:(i) the operations or efficiency of the Service is impaired by the use of the Account; or(ii) any amount is past due from you to TCC; or(iii) there has been or is any breach of any term or condition of this Agreement. TCC shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.
- Amendment. TCC may modify this Agreement from time to time by reasonable notice to you, and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of such modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
- Information. You hereby acknowledge that TCC may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service.
- Miscellaneous. This Agreement, including any and all documents and the TCC's policies referenced herein constitute the entire agreement between TCC and you pertaining to the subject matter hereof. TCC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Agreement conflicts with an applicable tariff, the tariff shall supercede this Agreement only in respect of the conflicting provision. This Agreement shall be governed by and construed in accordance with the laws of the province or territory in which your designated billing address is located and the federal laws of Canada applicable therein. TCC may assign its rights and obligations under this Agreement to any affiliated entity without your prior written consent. The parties have required that this Agreement and all documents relating thereto be drawn up in English.