Service Agreement

Click here for a Printer Friendly Version

Please read this document carefully. This Agreement outlines the duties and responsibilities of Inter.net Canada Limited ("Provider"), in providing you, via Ideal Access, services as they may become available from time to time (the "Service") as well as your rights and responsibilities as a Subscriber to the Service. Additionally, you acknowledge that you have reached the majority age in your province or residence and therefore able to make this binding contract with the Provider. In the event that you do not wish to be bound by these terms and conditions you hereby expressly acknowledge and agree that you shall be prohibited from accessing or using the Service. Moreover, by completing the sign-up and by accessing the Service you formally agree to all of the terms and conditions stipulated below.

This is a residential subscription and is not intended for business use. Furthermore, this subscription provides you with an access to the Service based on an intermittent and interactive use, not a dedicated access. The term "intermittent" means that, for each and any 24-hour period, you can access the service for sessions of up to 4 consecutive hours. After 4 consecutive hours, you must disconnect, or the system may automatically do so. In case of automatic disconnection by the system, the Provider will not be responsible for any damages that might occur.

1. The Provider's Policies on the Use of the Service

As a Subscriber to the Provider's Service, you are responsible for access to the Service through your designated Ideal Access subscription. You further agree to comply with all of the Provider's policies respecting the Service (including but not limited to the Code of Ethics of the user of the Provider) as provided to you or to which you shall be directed when using the Service.

You agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.

You agree that the Provider shall not be responsible for, and you hereby agree to hold the Provider free and harmless from, any and all liabilities and expenses related to any violation of this Agreement by you or any user of your Ideal Access subscription, or in connection with the use by you or any user of your Ideal Access subscription. Furthermore, you agree to notify the Provider of any unauthorized use of your password or account. Also, you agree that the Service can only be used by you and the members of your household, and that you may not transfer or make available your account name and password to others.

Should you at any time deposit information, software or other content, in the public areas of the Service, you hereby understand and agree that the Provider shall have the right and license and you hereby give the Provider the authorization but not the obligation to edit, copy, publish, distribute, and translate such information, software or other document for any use without charge. Subject to the foregoing right and license, each Subscriber who deposits information, software or other document on the Service retains any rights Subscribers may have in such information, software or other document.

While using the Service, you shall 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 the law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. More specifically but without limiting the generality of the aforementioned, you agree, while using the Service, not to:

defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, the rights of minors and the rights relating to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
post, transmit or link to any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component. You more specifically agree, without limiting the generality of the aforementioned, not to use the e-mail service to post, transmit, or otherwise facilitate the creation or distribution of chain letters, junk e-mail, spam or any duplicative or unsolicited messages, surveys, contests or pyramid schemes.

Also, you may not forge headers or otherwise manipulate any identifiers serving to disguise the origin of any content transmitted using the e-mail service;
upload, post, publish, transmit, reproduce, link to or distribute in any way, information, software or other material obtained through the Service, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
impersonate or falsely represent your association with any person, including a representative of the Provider or forum moderator;
use, reproduce, sell, resell or otherwise exploit the Service or any of its components for any commercial purposes;
gather, collect or store personal information about others;
distribute false publicity or advertisements or access the Service with the intention of extracting content for purposes other than personal use; nor
attempt to gain access to the Service or any site, account, computer system or network connected to the Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

The Provider reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, according to her and in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions.

Subject to the terms of this Agreement, you may use and display the software on any machine of which you are the primary user.

2. Use of the Service by Minors

When you grant access to the Internet to any of your minor children through Ideal Access' Service, you acknowledge and agree to the following:

advise your children never to divulge personal information like their name, phone number or address in virtual public fora like "chat rooms";
supervise the use of the Service by your children and require that they inform you as to the sites they visit; and
advise your children not to organize meetings with other users through the Internet unless you have been previously advised; they should always be accompanied by an adult during these meetings. You also acknowledge and agree that, as the legal guardian to your children, it is your responsibility to determine which services or contents are appropriate for them.

3. Client Information and Confidentiality

All personal information obtained by the Provider shall be treated as confidential, as required by law. Unless you consent in writing thereto or unless disclosure is required by law, the Provider will not disclose any personal information pertaining to you to any party other than:

an agent or credit agency retained by the Provider to collect any overdue amounts owed to the Provider or Ideal Access by you pursuant to the terms of this Agreement;
administrative personnel of the Provider, provided that the personal information is released to such personnel solely for the Provider's internal administrative purposes;
any agent or contractor of the Provider that requires such personal information for the sole purpose of permitting the provision to you of the Service to be provided by the Provider pursuant to the terms of this Agreement; or
as may be required by any law or government decree.

4. Fees, Billing and Plans

Fees

As an Ideal Access Subscriber, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of the Service, all of which shall be charged to your Ideal Access account in accordance with the rates and conditions established by Ideal Access for the Service and as such rates and conditions may be amended by Ideal Access from time to time upon 15 days prior notice to you. You further undertake and agree to promptly provide Ideal Access with any modifications to the credit card or banking information supplied with your Ideal Access account (i.e., changes to your credit card expiration date or other similar credit card information). If any payment you make is rejected or returned for any reason, Ideal Access will charge a $20 ($10 for pre-authorized debit) processing fee to your Account, and your Account may be subject to suspension at Ideal Access’s sole discretion (A) for cheque payment methods, if not fully paid within 2 weeks of Ideal Access’s notice to you of such a rejection, and (B) for pre-authorized debit, within 1 week of Ideal Access’s notice to you of such a rejection and, (C) for other payment methods, immediately. Any outstanding balance on your Account (including accumulated late fees) unpaid for 30 days after the invoice date will accrue late fees (commencing on the invoice date) at a rate of 1.5% per month, (19.56% per annum compounded) on the total amount overdue. All Accounts deemed at Ideal Access’s sole discretion to be “delinquent” for non-payment will also be subject to an additional $20 suspension fee. If there is an unpaid balance on your Account over 28 days in arrears, Ideal Access reserves the right to suspend your Account or Services or your access thereto until you make such arrangements to pay the balance owing in full, without affecting your obligation to pay all amounts outstanding. To reactivate a suspended Account, the full outstanding balance must be paid. Furthermore, Ideal Access may require a particular payment method be used for all future payments. Any Accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges. You agree to pay all costs incurred by Ideal Access in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers' fees. As outlined in the Ideal Access Privacy Commitment, Ideal Access may release customer information to a collection agency for collection purposes only, as Ideal Access does not sell personal information.
Billing

Your initial billing period begins on the date of your registration. Subject to the provisions to the contrary as set forth herein, your Ideal Access account will be automatically renewed on a month-to-month basis. Usage is determined based on one-second increments. You shall be responsible to ensure that you are disconnected from the Service when not in use.
Plans
1. Please refer to the "Price & Feature" Section of Ideal Access' Web site for the specific characteristics of the plan offered.
2. E-mail Storage and Traffic
  
  With your subscription, the Provider limits you to 5 Mb of storage on Ideal Access' e-mail server. This storage space is for mail that has not yet been delivered. It is not for storing mail that you have already received. That material should be stored on your computer. Should your mailbox exceed, at any time, 5 Mb in size, you will be asked to remove all files in excess of 5 Mb. If you fail to do so within seven (7) days following the receipt of a request to that effect, the Provider may, at its sole discretion, delete those files in excess of 5 Mb in order to respect the storage capacity limit. The Provider will not be responsible for any lost content.
3. Discontinued Service in Case of Abuse
  
  The Provider reserves the right, at its sole discretion, to suspend or terminate the Service to all users who are abusing the system or the Service, subject to the terms and conditions set forth in Section 5. The Provider may from time to time define what is abuse of the system or of the Service.
4. Discontinued Service in Case of Inactivity
  
  Notwithstanding any provision to the contrary, the Provider may also disconnect your access to the Service for inactivity. The term "inactivity" is defined as logging into a particular service for 15 consecutive minutes without any network activity. Furthermore, you agree not to use any software or any other device for the purpose of simulating network activity to avoid session inactivity disconnection.
5. Discontinued Service in Case of Spamming
  
  Notwithstanding any provision to the contrary, the Provider may immediately terminate, in accordance with the terms and conditions set forth in Section 5, any subscription of anyone who is transmitting or otherwise connected with any spam or other unsolicited bulk e-mail. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay the Provider liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay the Provider actual damages, to the extent that such actual damages can be reasonably calculated.

5. Cancellation, Suspension and Refund

Cancellation by you

You acknowledge and agree that this Agreement may be cancelled by you only upon prior notice to the Provider. Such prior notice shall be given a minimum of forty eight (48) hours before the next billing date in any of the following manners:
1. by telephone call to Ideal Access' Customer Service Department at 1.888.478.2733 (or 514.481.5022 in the Montreal area); where notice of cancellation has been given by telephone call, the Provider may require for verification purposes, that you send written confirmation of your intent to cancel to "Ideal Access Cancellations" at 5252 de Maisonneuve West, Suite 200, Montreal, Quebec H4A 3S5;
2. by facsimile message addressed to "Ideal Access Cancellations" at (514) 481-2785; or
3. by mail addressed to "Ideal Access Cancellations" at 5252 de Maisonneuve West, Suite 200, Montreal, Quebec H4A 3S5.
Upon receipt by the Provider, notices of cancellation shall be effective as of the last day of the then current billing period.

Whether the cancellation is effected at the beginning, the middle or the end of a billing period, you will be billed for the whole month.
Cancellation or Suspension by the Provider

You acknowledge and agree that the Provider may, at any time and for any reason, including but not limited to your breach of any term or condition of this Agreement, either suspend or restrict the Service or terminate this Agreement and the Service, by giving you forty-eight (48) hour's notice by either telephone, facsimile or electronic mail.

Upon termination:
1. the Provider will not forward any mail or other files to another account; and
2. all of your files including, but not limited to e-mails will be erased. The termination of your subscription does not relieve you from any amounts owing to the Provider before such termination becomes effective plus any costs including, but not limited to, costs incurred for the collection of any outstanding amounts.
Upon suspension:
1. the Provider will continue to gather and retain any mail on our servers until end of suspension; and
2. all of your files including, but not limited to e-mails will not be erased, but access will be denied.
  
  The suspension of your subscription does not relieve you from any amounts owing to the Provider before such suspension becomes effective plus any costs including, but not limited to, costs incurred for the collection of any outstanding amounts.

6. Privacy on the Net

Like phone calls made with a cellular or portable phone, messages sent over the Internet may not be completely private. Although there are ways to mask your identity when communicating on the Internet, your anonymity is not guaranteed. The use of the Service is at your own risks.

7. Concurrent Log-in Sessions

Each subscription to the Service is intended for only one connection to the Internet at once. Therefore, several connections require several subscriptions. As such, you hereby agree that should you, for any reason, abuse this right by having concurrent log-in sessions using a single username and password, your Ideal Access subscription may be suspended and/or cancelled, subject to the terms and conditions set forth in Section 5 above. As between the Provider and yourself, you are better able and suited to implement the appropriate physical and procedural impediments to the improper use of and to supervise your Ideal Access account.

8. Local Access Numbers

With your Ideal Access subscription, you can enjoy local access to a large number of Points of Presence across Canada. You are solely responsible for ensuring that your computer is connecting to the local access number in your region ("Access Number"). To verify the number you are dialing please check the configurations in your computer dialer. You should not be required to dial "1" prior to the Access Number. If you are required to do so, your long distance provider will apply long distance charges as the "1" indicates that you are connecting to a non-local number, in which case you will be solely responsible to pay the long distance fees charged by your long distance telephone provider.

9. No Liability for Content

The Internet is a largely unregulated medium and therefore some content, products or services offered on the Internet or through the Service (collectively referred to as the "Content") may be offensive to you or may not comply with applicable laws. You agree to be solely responsible for access to or use of all Content and the Internet. You acknowledge that the Provider has not endorsed the Content and that it is not deemed to have examined, viewed or approved the said Content. The Provider is not responsible for any claim related to the access to the said Content or to its use.

If you become aware of unlawful products, services or conduct on the Internet, please notify the Provider by completing the following form.

If other users have access to any material stored in your files located on Ideal Access' servers, then the Provider reserves the right to review that material. If the material in question is unlawful, the Provider reserves the right to edit or remove that material. You will be given an opportunity to respond, within a reasonable period of time, to the allegation that the material in question is unlawful before the Provider takes action.

10. No Liability for Dealings with Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through the Service, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. The Provider assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be the user's alone. You agree that the Provider shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.

11. No Liability for Links to Third Party Sites

The Service may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of the Provider and the Provider is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Provider is not responsible for webcasting or any other form of transmission received from any Linked Site nor is the Provider responsible if the Linked Site is not working appropriately. The Provider is providing these links to you only as convenience, and the inclusion of any link does not imply endorsement by the Provider of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

12. The Provider Software and Documentation

In cases where the Provider will be supplying you with compact disks - read-only memory (the "Cd-roms") or other machine-readable or accessible through the Internet medium (the "Medium") containing Internet access or other software (collectively referred to as the "Software"), you hereby acknowledge and agree that:

if the Software has not been developed by the Provider:
1. the Software will not be installed, maintained, supported or guaranteed by the Provider;
2. the use Software shall be subject to and you shall comply with, such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof;
3. the responsibility of the Provider, in the event that the Software, the Cd-roms or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant Cd-roms or Medium;
4. the appropriate measures shall be taken to protect the Software, including the relevant Cd-roms or Medium, from loss or damage; and
5. the responsibility of the Provider, in the event that some software are not fully-supported commercial versions, is limited to the replacement, at its sole discretion, of the said Software by any other software offering similar characteristics and functions;
if the Software has been developed by the Provider, the Provider will undertake to provide the required support, subject to the provisions set forth in Section 13. Furthermore, you agree that:
1. the Software will not be installed or guaranteed by the Provider;
2. the use of the Software shall be subject to and you shall comply with, such terms and conditions as are set out in the license agreements, which may be included with the Software or as defined by the various publishers thereof;
3. the responsibility of the Provider, in the event that the Software or the Cd-roms or the Medium prove to be defective, shall be strictly limited to the replacement of the relevant Cd-roms or Medium; and
4. the appropriate measures shall be taken to protect the Software, including the relevant Cd-roms or Medium, from loss or damage.

The Provider grants you a non-transferable and non-exclusive license to the Software; provided that you do not (and do not allow a third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Provider for use in accessing the Service. In the event of a conflict between the terms and conditions that accompany the Software and the terms and conditions set forth in this Agreement, the latter will prevail.

13. Proper Equipment

Occasionally, the computer equipment required to access and use the Service may change. You understand and acknowledge that it is your sole responsibility to ensure that your computer system meets the current minimum requirements stated by the Provider as being necessary to use the Service. Accordingly, should your computer equipment no longer be adequate to access the Service, you must upgrade your equipment at your own cost and expense. You expressly acknowledge and agree that in the eventuality that you decide not to upgrade and/or improve your computer equipment, your sole recourse will be the cancellation of this Agreement as and from the date of your notice as herein provided in Section 5 above.

14. Trademarks and Other Intellectual Property

Ideal Access is trademark of Inter.net Canada Inc. All other product, brand and company names, logos and other intellectual property rights used throughout the Service are the trademarks, registered trademarks or other intellectual property rights of their respective owners.

You also acknowledge and agree that any content found on Ideal Access' Web site, except the content provided by a subscriber to the Service or which the Provider used according to the provisions set forth in Section 1 of this Agreement, is the sole property of the Provider or its suppliers and that you may not reproduce, copy, distribute or use in any way, except for your personal use, without the prior consent of the Provider.

15. Limited Warranty and Indemnification

Ideal Access and the Provider's Service and Software is provided 'as is' without any warranty of any kind. Neither the Provider nor any of its information providers, licensors, employees, or agents warrant that the Service will meet your requirements, that it will operate in combination with the software and/or services that you select to use on the Internet, that the operation of the Service will be uninterrupted and error free, that any errors will be corrected, that the Service will meet any particular criteria of quality or performance (as regards to, without limiting the generality of the aforementioned, the reasonable delays of delivery or receipt of data), that the privacy of any data, information, content or other materials transmitted by, to or through its computer and/or communication systems will be preserved, that any data or files sent by or to you will be transmitted in uncorrupted form nor that any Content, or other materials accessible through the Service, is free of viruses or other harmful elements or components.

Therefore, you assume full responsibility and risk of loss from your downloading and/or use of the files or other material obtained either directly or indirectly from the Provider. You agree that in no event shall the Provider be liable for any damages including, without limitation, direct, indirect, incidental, special or consequential damages (including legal fees) resulting from:

the loss of profits or revenue incurred by you or any third party even if the Provider has been advised of the possibility of such damages;
the reliance on the Service;
the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in preparations, or transmission, or failure of performance; and
the allegations, claims, suits or other proceedings based upon a contention that the use of the Software or the Service by you or a third party through your Ideal Access account infringes the intellectual property rights or contractual rights or any other rights of any third party.

You agree to indemnify, defend and hold harmless the Provider, its agents, affiliates, successors, assigns, its directors, officers and employees for any damages, judgments, expenses and other liabilities resulting from any final determination that the data, information and/or content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your account infringes trade-mark, trade secret, copyright, patent or third party intellectual property rights and from any other damages, claims, suits or actions which may arise, now or in the future, as a result of your use of the service. This indemnification shall survive the termination of this Agreement. You agree that the Provider will not be responsible for damages and expenses related to the violation of this Agreement resulting from the use by you or any user of your Ideal Access account or in connection with your use or the use of the Service by another user of your Ideal Access account and you agree to hold the Provider harmless in that respect. This indemnification shall survive the termination of this Agreement.

16. Limitation of Liability

In the event of any breach by the Provider, its affiliates or its agents or those for whom it is responsible in law, including a breach of a fundamental term hereof or any negligence on their part, you expressly acknowledge and agree that your exclusive remedy shall be to receive from the Provider payment for actual and direct damages up to a maximum amount equal to the fees paid by you to the Provider during the three (3) months preceding the date of any such breach.

17. Amendment to the Agreement

The Provider may, at any time and from time to time, modify this Agreement by reasonable prior notice sent to you or displayed on its Web site. As well, you agree to check Ideal Access' Web site periodically to review whether any modifications have been made. Your continued use of the Service following notice of such modification shall be deemed to be your acceptance of that modification. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.

18. Miscellaneous

Each of the terms, conditions and policies in this Agreement stand alone. Should any provision of this Agreement be found by a court of competent jurisdiction to be invalid or unenforceable, all other provisions of the Agreement will remain in full force and effect.

Time is of the essence of this Agreement.

The amounts stated herein are in Canadian currency unless otherwise specified.

Failure by the Provider to exercise any of its rights shall not be a waiver or forfeiture of such rights.

The headings are included for ease of reference only and do not form part of the Agreement.

Neither party is responsible for a failure to fulfill its obligations under this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, and accidents in transportation.

This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. Furthermore, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the province of Quebec.

Nothing contained in this Agreement prevents the Provider from complying with governmental or court of law requests or requirements relating to your use of the Service or information provided to or gathered by the Provider with respect to such use.

Neither this Agreement nor the performance of the obligations under this Agreement may be assigned by you without the prior written consent of the Provider. The Provider 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. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.