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The Corporation of the City
of Dryden - Telephone Department’s, herein after
may be referred to as DMTS, highSpeed Internet
service provides you with access to the Internet (the
"Service") and is provided as an option to
our basic Internet access service.
This Service Agreement between
DMTS and you 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 contained
in this Service Agreement. If you do not wish to be
bound by these terms and conditions, you may not access
or use the Service.
For the purposes of this Agreement,
DMTS is Dryden Municipal Telephone Systems.
You are solely responsible for
all access to the Service through your Account. You
agree to comply with and use the Service in accordance
with DMTS's policies respecting the Service as provided
from time to time, including this Service Agreement
and the Acceptable Use Policies, as well any policies
to which you are directed when registering for or using
the Service, and with any applicable laws. You agree
to hold DMTS, its affiliates and its agents harmless
from all liabilities and expenses related to any violation
of this Service 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 DMTS's policies or would serve to restrict or
inhibit any other user from using or enjoying the Service
or the Internet. Without limiting the foregoing, you
agree not to use the Service or any equipment provided
in connection with the Service, for operation of an
Internet Service Provider's business nor for any other
non-residential purpose.
The Service is provided in accordance
with the monthly rates and installation fees, if any
identified to you upon placing your order for the Service.
Rates and fees do not include applicable taxes or any
long distance charges. Separate and additional rates
and fees may apply to the lease of the Service modem
as specified by DMTS. You agree to pay all such fees
and charges, including applicable taxes, incurred in
connection with the provision of and/or use of the Service
in accordance with the rates and terms established by
DMTS for the Service or to which you are directed to
review when using the Service. DMTS reserves the right
to alter its rates and terms upon reasonable notice,
which may be provided to you in writing or to which
you may be directed to review when using the Service.
Unless otherwise stated, any
amount under this Service Agreement must be paid within
30 days after receipt of invoice. All invoices not paid
when due will bear interest at the lesser of 1% per
month or the maximum amount permitted by law. You have
the option to pay for the Service by credit card or
by pre-authorized payment.
You may discontinue your Service
at any time, subject to the cancellation fee for any
non-returned Service modem as specified in Section 19
of this Service Agreement, which will be charged as
liquidated damages.
The Service is accessed through
a designated account (the " Account") which
will be established for you by DMTS. The Service includes:
- Unlimited Internet access
- Download speeds of up to 1mbps, upload speeds of up
to 300kbps
- DSL Modem, installed if required
- 5 e-mail addresses
- 10 MB web space
- Local Help Desk call 221-2100
The Service is available for
use on DMTS residential telephone lines with a maximum
of one (1) Service connection per residential number.
You acknowledge and agree that the telephone number
check you completed upon placing your order is only
a preliminary, geographical check to determine if the
Service is available in your geographical area. Due
to the nature of the Service technology, DMTS reserves
the right to deem the Service unavailable to you up
to, including, and after the installation. DMTS assumes
no liability whatsoever for any claims, damages, losses
or expenses arising out of or otherwise relating to
the unavailability of the Service in your geographical
area, even where such unavailability occurs after installation
of the Service.
It is your responsibility to
ensure that your computer system meets the current minimum
system requirements 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 Service Agreement.
In no event will DMTS be responsible
for any claims, damages, losses or expenses, including
without limitation lost wages or missed work, in the
event that an installation appointment for the Service
is missed, either by DMTS or by any third party installer.
It is your responsibility to create data backups before
the installation. DMTS or its agents will not be held
responsible for any loss of data.
Speed is a function of the bottlenecks
experienced upon the wider network architecture of the
Internet itself. As such DMTS does not guarantee the
maximum Service performance (throughput speeds) levels
but will make every reasonable effort to ensure the
highest possible quality of service is always delivered.
You understand that any content that you may access
through the Service may be subject to "caching"
at intermediate locations on the Internet.
DMTS and or it’s agents shall
make support services available to you as follows:
- General technical support help desk
hours are Monday to Friday 7:30 a.m. to 4:30 p.m.
- For after hours, weekends and holidays support will
be provided on the next business day.
- Help will be provided for supported systems only as
identified in Section 6 above.
- Responsibilities will cover installation and on-going
technical support with the following qualifications:
i.
DMTS or it’s agents will not debug hardware conflicts
such as IRQ, RAM, and IO port assignment problems;
ii. DMTS or it’s agents will assist in
configuring software at the network layer, including:
(1) Control Panel, Network icon parameters (TCP/IP
only), and
(2) Dial-up networking parameters;
iii. DMTS or it’s agents will not assist
in supporting other protocols and solving LAN-related
problems or multi-provider configurations;
iv. DMTS or it’s agents will assist in
configuring the Netscape Communications and/or Microsoft
Internet Explorer browser software, mail and news
reader; and
v. DMTS or it’s agents will not assist
in configuring Plug-ins.
DMTS will not be responsible for any
corrupted files or viruses, which affect the user of
the 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. Any detriment caused to the network
as a result of your failure to properly secure your
system may result in the immediate termination of your
Service.
Resale of bandwidth or any other part
of the Service for any purpose is strictly forbidden.
Failure to comply with this condition will result in
immediate cancellation of the Service.
Any IP address assigned to you by
DMTS is the property of DMTS at all times. IP addresses
will change each time your Service modem or system is
powered off or any time at the discretion of DMTS without
prior notice to you. DMTS assumes no liability whatsoever
for any claims, damages, losses or expenses arising
out of or otherwise relating to any change in IP Addressing.
If you have any questions regarding
the terms and conditions of this Service Agreement,
you may contact DMTS by calling 223-1100.
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.
DMTS has no obligation to monitor the Service. However,
you agree that DMTS 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 or as necessary to operate
the Service or to protect itself or others.
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 neither
DMTS nor any of its affiliates attempt to censor or
monitor any such Content. You understand, however, that
such Content may be subject to "caching" at
intermediate locations on the Internet when being accessed
through the Service. You assume total responsibility
and risk for access to or use of such Content and for
use of the Internet. DMTS and its affiliates assume
no liability whatsoever for any claims or losses arising
out of or otherwise relating to access to or use of
such Content.
The fees charged by DMTS reflect the
allocation of risk herein and the limited recourse to
DMTS provided for in this Service Agreement. DMTS will
not assume any responsibility for your acts or omissions
or those of any individual who uses your Account. As
between DMTS 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. Any detriment
that is caused to the network as a result of a failure
to properly secure your computer system may result in
the termination of the Service.
(a) As outlined in Section
4 of this Service Agreement, separate and additional
charges may apply to the lease of the Service modem
as may be specified by DMTS from time to time. The Service
modem will always remain the property of DMTS. As such,
if the Service is cancelled or terminated for any reason,
the Service modem must be returned by calling 223-1100
to make arrangements to have the Service modem dropped
off. If the modem is not received within 30 days, a
cancellation fee will apply.
(b) You agree to use and maintain
the Service modem, and all other hardware and software
delivered to you, in compliance with the applicable
operating instructions provided by DMTS. You also agree
to return such materials, at your own risk, in good
repair and working order. Until returned to and received
by DMTS, you bear the entire risk of theft of, damage
to or destruction of these materials. All of your obligations
in respect of the Service modem, and all other hardware
and software delivered to you, will survive the expiration
or termination of this Service Agreement to the extent
required for their full observance and performance.
(c) With respect to the Service
modem, the following non-refundable cancellation fees
will apply:
i. if the Service modem is returned in accordance
with paragraph (a) above, no cancellation fee will apply;
ii. if the Service modem is not returned in accordance
with paragraph (a) above, a cancellation fee of $300.00
will apply.
The Service and any software or other
deliverables provided by DMTS and/or its agents are
provided "as is" and "as available"
without warranties or conditions of any kind. Neither
DMTS nor its affiliates warrant the uninterrupted use
or operation of the Service or any deliverable provided
under this Service Agreement. The entire risk as to
the quality and performance of the Service is with you.
Further, neither DMTS nor its affiliates 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,
that other users will not gain access to any of your
computer equipment, or that any Content or other material
accessible through the Service is free of viruses or
other harmful components, or will not be subject to
"caching" at intermediate locations on the
Internet when being accessed through the Service.
DMTS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO
THE SERVICE OR ANY MERCHANDISE, INFORMATION, CONTENT
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.
In the event of any breach by DMTS,
its affiliates or its agents, including any breach of
a fundamental term or any negligence, your exclusive
remedy shall be to receive from DMTS payment for actual
and direct damages to a maximum amount equal to the
fees paid hereunder by you to DMTS during the last three
months immediately preceding the relevant breach. Other
than the foregoing remedy, under no circumstances shall
DMTS, 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 Service Agreement, including your use
of the Service or access to 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,
OR
(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.
In addition, DMTS is not liable for:
i. any act or omission of a
telecommunications carrier whose facilities are used
in establishing connections to points which DMTS does
not directly serve;
ii. defamation or copyright infringement arising
from material transmitted or received over DMTS's or
its affiliates facilities; or
iii. infringement of patents arising from combining
or using customer- provided facilities with DMTS's or
its affiliates facilities.
You may terminate this Service Agreement
upon notice to DMTS. DMTS may suspend or restrict the
Service, at any time, or terminate this Service Agreement
if:
i. the operations or efficiency
of the Service is impaired by the use of your Account
or the Service; or
ii. any amount is past due from you to DMTS;
or
iii. there has been or is any breach of any term
or condition of this Service Agreement.
If there is or has been an inadvertent
misuse of your Account which impairs the operations
or efficiency of the Service, DMTS reserves the right
to suspend your Account until the problem has been corrected,
without any reduction in your rate for the Service.
If your Account is suspended and the outstanding problem
has not been resolved within 30 days from your last
bill date, the Service may be disconnected. If so, the
applicable installation fee will apply if you wish to
resume your subscription to the Service.
DMTS shall have no responsibility
to notify any third party providers of services, merchandise
or information of such termination or suspension. Any
termination of this Service Agreement shall not relieve
you from any amounts owing or other liability accruing
hereunder prior to the time that such termination becomes
effective.
DMTS may modify this Service 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 Service Agreement, you must immediately stop
using the Service.
You hereby acknowledge that DMTS and
its affiliates 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. DMTS will open and maintain a customer file,
which will be kept at its office as indicated to you
at the time of registration for the Service. You may
access your customer file under the terms and conditions
as detailed in the front of the Telephone Directory.
If any information contained in your customer file is
inaccurate, you may make a written request for rectification,
specifying the information to be rectified and explaining
the inaccuracy to Dryden Telephone - Attention Customer
Service Supervisor, 30 Van Horne Ave., Dryden Ontario,
P8N 2A7.
This Service Agreement, including
any and all documents and DMTS's policies referenced
herein, constitutes the entire agreement between DMTS
and you pertaining to the subject matter hereof. DMTS
failure to insist upon or enforce strict performance
of any provision of this Service Agreement shall not
be construed as a waiver of any provision or right.
If any of the provisions contained in this Service Agreement
are 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 Service Agreement
conflicts with an applicable tariff, the tariff shall
supercede this Service Agreement only in respect of
the conflicting provision. This Service 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. DMTS may assign its rights and obligations
under this Service Agreement to any affiliated entity
without your prior written consent. The parties have
required that this Service Agreement and all documents
relating there to be drawn up in English.
BY SIGNING BELOW, YOU ARE INDICATING
THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTOOD
AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF
THE AGREEMENT PRESENTED.
Account Holder - I have authority
to sign for this account. Effective
Date
1. You agree to provide DRYDEN TELEPHONE
or its agent with access to any such software and/or
hardware as reasonably required.
2. You are required to show that your
computer is functioning properly prior to DRYDEN TELEPHONE
or it’s agent doing any work on your computer.
3. DRYDEN TELEPHONE or it’s agent
is not responsible for any damage to or loss of data
or software from your computer while installing or maintaining
a Dryden Internet highSpeed service.
4. We recommend that you back-up all
existing computer files by copying them to a different
storage device prior to the installation or maintenance
of any Dryden Telephone highSpeed hardware or software.
5. If the agent is providing the NIC,
you must ensure that there is a suitable free card-slot
available in your computer. ( Will not rearrange cards
in your computer or remove cards from your computer.)
6. DRYDEN TELEPHONE will provide support
only for the Dryden Telephone highSpeed service components.
7. DRYDEN TELEPHONE or it’s agent
will not provide support to components of your computer
or network.
8. DRYDEN TELEPHONE or it’s agent
will provide on-site support for these components only
for a maximum of 30 days after the date of installation.
After the 30 day period, support for this equipment
is your responsibility. All warranties or guarantees
are the responsibility of the manufacturer.
BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE
OF LEGAL AGE AND HAVE READ, UNDERSTOOD AND AGREED TO
BE BOUND BY THE TERMS AND CONDITIONS OF THE AGREEMENT
PRESENTED AS IT RELATES TO INSTALLATION OF & ACCESS
TO HARDWARE/SOFTWARE ON YOUR COMPUTER.
Account Holder - I have authority
to sign for this account. Effective
Date
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