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Terms and Conditions of CitéNet's High Speed Internet Service

This document constitutes an Agreement between 7041748 Canada Inc. o/a CitéNet Internet, 204 rue Notre Dame Ouest, Suite 401 Montréal, QC Canada H2Y 1T3 ("CitéNet") and the Customer (referred to herein as "You" or "the Customer") who has committed to purchase Residential Internet Services from CitéNet. In consideration of CitéNet opening an account (the "Account") for the Customer to purchase and use CitéNet Residential Internet Services ("Residential Internet Service") and/or additional, Fee-Based Services used in conjunction with the Residential Internet Service ("Optional Services") collectively referred to as "the Services", You, the Customer, agree to abide fully by these Terms and Conditions.
1.1 The Customer agrees to use the Services only for lawful purposes and not for unauthorised copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted (including, without limitation, software, programs, games and computer code). The Customer shall not use the Services for any purpose that is contrary to applicable laws or which is a nuisance.
1.2 The Customer agrees not to transmit, upload or download, store, post, publish, disseminate, receive, retrieve, or provide access to information, software, files or other material which:
1.2.1 are defamatory, obscene, deemed to be child pornography or hate literature; or
1.2.2 invades the privacy of others. The Customer agrees not to undertake mass-mail broadcasts of electronic mail (email "SPAM") or Usenet postings with the intent of sending unsolicited advertising to other users of the Internet.
1.3 The Customer will be responsible for the actions and activities of any party who uses the Services using the Customer's name identification and password as provided by CitéNet, whether or not such person used the identification and password with the Customer's consent or knowledge.
1.4 CitéNet will not be responsible for temporary interruption of Services (whether due to utility service breakdown, excessive customers, mechanical breakdown or other reasons) and the Customer will not be entitled to any refund for any temporary interruptions so long as CitéNet is actively seeking to correct the problem.
1.5 CitéNet will provide the Services using currently available technology and will avoid using any hardware, software or methods known to threaten Customer security. Beyond that, CitéNet makes no warranties of any kind, whether expressed or implied, in relation to the accessibility, accuracy, reliability, safety or quality of the Services. CitéNet does not guarantee the privacy of files or E?mail or the security of any computer used to access the Services. CitéNet has no responsibility for any damage suffered by any person, organisation, group or entity due to loss of data, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of CitéNet or those for whom it is responsible at law.
1.6 CitéNet exercises no control and has no responsibility whatsoever over the information passing through the Services. Use of any information obtained through the Services is at the Customer's sole risk and Customer assumes full responsibility for the accuracy, reliability, quality or effect of information obtained through the Services.
1.7 CitéNet may, without notice, change the Terms or the Services description upon which the Services are provided (including, without limitation, changing allowed free traffic, the features included with the service, and the rules for access to the Services) so long as CitéNet continues to provide regular and reasonable access to the Services for the term of this Agreement. The Current Service Agreements and Terms are available on CitéNet's website at http://www.citenet.net.
1.8 All communications and notices between CitéNet and the Customer will be conducted through E-mail unless otherwise agreed to by CitéNet. All such communications and notices will be deemed received by the Customer three days after being sent by E-mail by CitéNet. The Customer specifically agrees that CitéNet has no obligation to send any other notice to the Customer, even in the event of default. All notices from the Customer for modifications, changes, upgrades or termination of Services will be effective only if presented to, and received by, CitéNet in writing or via E-mail. Such notices sent to CitéNet by the Customer must be confirmed by return E-mail by CitéNet, to be effective.
1.9 Customers are responsible for ensuring they are dialling a local Montreal 514 number to access the Internet when using CitéNet's dial-up Internet service.
1.10 Customers may be subject to limitations on the use of Internet traffic. To protect service levels and to ensure fair availability of Internet services for all CitéNet Customers, CitéNet may, at its discretion limit Customers to a quota of up to 100 Gigabytes of combined download (from the Internet to the Customer) and upload (from the Customer to the Internet) traffic free of charge each month. This amount may not be carried over to subsequent months. CitéNet may apply charges at a rate of $10.00 per each Gigabyte, or fraction thereof of, for Internet traffic which exceeds this free monthly traffic quota.
1.11 FastPath Customers have access to the Internet on a 24 hr/7 day/365 day basis subject to the provisions set out herein. The Customer is prohibited from running server services, whether hardware or software based, that aim to continually provide or make available data originating from the Customer's computer(s) to other computers on the Internet. The Customer is also prohibited from running peer-to-peer services which access or provide copyright protected information to other users of the Internet. CitéNet's system will not allow more than the contracted Customer to log in from a single Internet Account and access will be denied to others. CitéNet's e-mail virus scanning service only scans inbound e-mail (i.e. e-mail addressed to, and not originating from the Customer), provided such inbound e-mail complies with the size and format standards required by CitéNet Internet service. Should a virus be detected in the Customer's inbound e-mail, the service will attempt to send out automated e-mail alerts and disable the virus before it is delivered to the Customer's mailbox.
1.12 It is the sole and entire responsibility of the Customer to read and acquaint themselves of the contents of any and all e-mail alerts from CitéNet and to deal with the e-mail, the alert and the virus in a manner which reduces or removes the possibility of damage. CitéNet warrants that the inbound e-mail is scanned by software automatically and that CitéNet does not read, search or otherwise access or retrieve information from the Customer's e-mail at any time. CitéNet makes no warranties of any kind relating to the effectiveness of its email virus scanning system. CitéNet's service to control unsolicited e-mail ("spam") is based on using key-word filters and blocking inbound e-mail originating from e-mail servers that are used by senders of spam. Since the ability to block spam is determined by several factors, many of which are beyond CitéNet's control, CitéNet makes no warranties of any kind relating to the effectiveness of its spam control system.
1.13 To access the Internet through the CitéNet Dial Up Internet Service the Customer will dial into a list of specified CitéNet numbers. CitéNet's Dial Up Internet Service will not allow more than one concurrent log in from a single Internet Account. In such cases access will be denied to additional log in attempts. To maximise the fair availability of telephone lines for all Customers, there is a router enforced session limit and continuous use of dial up Services will be automatically terminated after 5 hours. The Customer is free to log in again immediately after being disconnected, and there are no daily, weekly or monthly usage limits provided the fees for use are paid as provided in the corresponding Internet Plan. Each additional hour of Dial Up Access will be charged at $0.99 per hour. The Customer is responsible for all long distance charges.
2.1 A DSL Modem/Router or the Wireless DSL Modem/Router (the "Service Router" or "Router") is required for use of the LightPath, FastPath Secure and FastPath HomeNet Services. The Customer may either rent or purchase the Service Router provided by CitéNet. Router rental is only available to Customers who subscribe for a twelve-month contract. (See "Contract Term and Commencement of Services" of this Agreement). If the Customer chooses to use his/her own Router, it must be of a type and brand acceptable to CitéNet. If the Customer installs a Router not supplied by CitéNet, CitéNet will be unable to provide any Peripheral Equipment or technical support relating to the Service Router.
2.2 In the case of the Router rental, the Service Router will always remain the property of CitéNet. Customer agrees to use and maintain and protect such Service Router, and all other hardware and software delivered to Customer, in compliance with the applicable operating and power conditioning instructions provided by CitéNet, its agents and/or suppliers, as applicable. If the Service is cancelled or terminated for any reason, the Service Router, together with any other hardware delivered to Customer, must be returned to CitéNet at the Customer's cost in good repair and working order. Until returned to and received by CitéNet, Customers bear the entire risk of theft of, damage to or destruction of these materials. All of Customers obligations in respect of the Service Router, and all other hardware and software delivered to Customer, will survive the expiration or termination of this Service Agreement to the extent required for their full observance and performance. If the Service Router is not received within fifteen (15) days of Customer's date of cancellation of the Service and in good repair and working order with the original packaging, an additional non-return fee of $125.00 or such other amount identified to Customer by CitéNet (the "Non-Return Fee") will apply.
2.3 The Customer has a choice to purchase the Service Router from CitéNet (the "Purchased Router"). CitéNet also provides the Customer with the telephone filters and the telephone splitter (the "Peripheral Equipment") to use with the Service Router. The Peripheral Equipment as well as the Purchased Router are covered by standard manufacturers' warranties. Should a defect occur with the Peripheral Equipment or the Purchased Router during the first month of usage, CitéNet will replace these items free of charge. Should a defect occur with the Peripheral Equipment or the Purchased Router after the first month of usage, the Customer will be responsible for contacting the Peripheral Equipment or the Purchased Router manufacturer for service. Disassembly of, tampering with, lending out, repairing, failing to store the Peripheral Equipment or the Purchased Router in a cool, dry, and well-ventilated area or carelessness in the use of the Peripheral Equipment or the Purchased Router may nullify both CitéNet's and the manufacturer's warranty. The Customer assumes complete ownership of the Peripheral Equipment and the Purchased Router upon full payment of setup and shipping fees to CitéNet and upon the receipt of the Peripheral Equipment and the Purchased Router from CitéNet.
3.1 The Personal Security Suite is a service (the "Service") that is delivered using software from Fortinet Inc. Use of the Service and, consequently, of the Fortinet software and any updates thereto, constitutes agreement and acceptance by the Customer, of the provisions of the End User Licence Agreement "EULA", of Fortinet Inc, which is available at http://www.fortinet.com/doc/legal/EULA_July_2008.pdf and of CitéNet's Terms and Conditions of Service available at www.citenet.net/terms, both of which apply jointly and concurrently to the Customer. The Customer agrees that the limitations of liability and warranties described in both agreements apply and remain binding on the Customer.
4.1 Customers agree that the Service is provided subject to the payment of, and that the Customer shall pay, all service fees, applicable usage charges, installation and/or activation fees and other fees and charges as applicable, together with all taxes and charges, (collectively, the "Service Fees"), identified to the Customer. Such Service Fees shall be paid by the Customer upon placing the Customer an Order for the Services and on a monthly or annual basis and as applicable. The most current schedule of fees will be available at CitéNet's web site http://www.citenet.net. The Service Fees and charges posted on this web site do not include taxes, long distance or other applicable charges. A late payment charge at the rate of 2% per month (26.82% per annum), which rate is subject to change by CitéNet from time to time, will be applied from the billing date, if payment is not been received by CitéNet within 30 days of the billing date.
4.2 If there is a material increase in the cost of providing the Services (such as, by way of example, an increase in the cost of local loop or telephone line charges or any form of fee, charge or tax on Internet use) CitéNet may increase the charges for the Services immediately and the Customer shall pay the increased fees from and after the effective date of the increase, regardless of whether or not the Customer has a prepaid or annual Account. Failure to pay such additional amounts will constitute voluntary termination of this Agreement by the Customer as described in Section III.
4.3 Where the Service Fees are paid monthly, the Customer will be required to pay the Service Fees using a valid Credit Card (Visa or MasterCard only) issued in the name of the Customer or by Pre Authorised Payment ("PAP") from a Bank. Where the Service Fees are paid in advance, once per annum, the Customer may pay for the Service by PAP or by valid Credit Card (Visa or MasterCard only) issued in the name of the Customer, or by cheque. By providing PAP or Credit Card information for payment of the Service Fees to CitéNet, the Customer expressly authorizes CitéNet to charge the Customer's Bank Account or Credit Card (and any replacement Credit Card) and to collect any outstanding amounts owing or Fees owed by the Customer to CitéNet.
4.4 It is Customer's responsibility to ensure that the billing information provided to CitéNet, including Customer's address and Credit Card or other billing information, remains current at all times. Customer agrees to notify CitéNet of any changes to Customer's billing information forthwith.
4.5 On site installation is available, subject to the following:
4.5.1 The scope of work is limited to the configuration of TCP/IP, web browser, and e-mail client settings on personal computers.
4.5.2 During regular hours (8:00am to 6:00pm EST) at a rate of $100 (One Hundred Canadian Dollars) per hour or part thereof. After regular hours, including public holidays and weekends, the rate will be $150 One Hundred and Fifty Canadian Dollars) per hour. The minimum charge for an on-site visit is one hour.
4.5.3 Mileage for travel outside Montreal is charged at the rate of $0.50 per km. actually travelled plus any additional actual out of pocket expenses incurred. For travel outside Montreal, a two-hour travel minimum will be levied. Travel time is billed at 75% of the applicable hourly rate.
4.5.4 Rate premiums will apply for on-site visits to offices or locations located outside of Montreal.
5.1 The Service Agreement between CitéNet and the Customer will be bound by the following duration ("Contract Term"):
5.2 The Customer will have entered into a binding contract with CitéNet when the Customer signs up this Agreement and submits it to CitéNet by fax, email, in person and this Agreement is received, and confirmed as having been received, by CitéNet via email or other form.
5.3 III.3. The Term of the Service Agreement between CitéNet and the Customer will commence on the date of the activation of the Service by CitéNet.
5.4 Upon the signup of this Agreement, the Customer may not terminate the contract until the completion of the Term of the contract, which is thirty days or twelve months, depending on Customer's subscription plan specified in the Signup Form.
5.5 The Agreement may be cancelled at the end of the Term with thirty days' written notice (in the case of a thirty day contract term) or sixty days' written notice (in the case of a twelve month contract term) to CitéNet by the Customer, of his/her intention to terminate the contract at the end of the Term. Unless the Agreement is specifically cancelled at the end of the term, it will automatically renew for successive periods equal to the initial Term. Should this Agreement be automatically renewed, the applicable Fee will apply to the renewal Term.
5.6 Customer on monthly payment plans will be entitled to no refund for any pro-rated amounts for partial months, should they decide to terminate the Agreement before the end of a month.
5.7 Customer on contracts of a year or longer will be entitled to no refunds of pro-rata annual amounts should they decide to terminate the Agreement before the end of the contract Term. In addition, the Customer will be charged up to a $50 Customer Termination Charge (the "Customer Termination Charge"), plus the cost of any unreturned rental equipment.
5.8 All set-up and shipping fees are non-refundable.
5.9 CitéNet, in its sole discretion may reject any Order for Service within ten (10) business days from the submission of Customers Order for the Service.
5.10 If, subsequent to the confirmation of the Order by CitéNet, but prior to activation of the Service, Customer cancels the Order for Service, Customer will be charged up to a $50 cancellation fee (the "Cancellation Fee"). Such amount represents a reasonable estimate of costs incurred by CitéNet arising out of the Customer's failure to activate the Service.
6.1 CitéNet will be entitled to terminate the Agreement and/or suspend the Services with no refunds to the Customer whatsoever, if:
6.1.1 Customer's Credit Card or PAP account is invalid or
6.1.2 Processing of the Service Fee via a Credit Card offered by the Customer is not authorised by the processing Financial Institution or
6.1.3 Customer's bank account is closed or does not have sufficient funds to cover Service Fees or
6.1.4 Customer has revoked CitéNet's authorization to make Credit Card withdrawals or
6.1.5 CitéNet cannot reach the Customer to obtain, confirm, revalidate or update information required to process the Customer's Credit Card or cheque
6.2 Upon termination or suspension of the Services, Customer will become liable for all applicable termination and other Fees.
6.3 Any Account that is more than fifteen (15) days late in any payment will be in default and is liable to be suspended or terminated pursuant to the terms of this section.
6.4 Payments made by cheque (for annual prepayments only) which are returned for Non-Sufficient Funds (NSF) or any other reason will be in immediate default and subject to an additional returned check charge (currently $45) which must be paid before the Account is made in good standing.
6.5 CitéNet may, in its sole discretion, cancel, or restrict the Services or suspend the Customer's Account (without any corresponding reduction in the Customer's monthly Service Fees) or may terminate this Service Agreement, at any time without notice, if:
6.5.1 The operations or efficiency of the Service is impaired by the Customer or any one using Customer's Account;
6.5.2 Any amount is past due by Customer to CitéNet;
6.5.3 There has been or is a breach of any term or condition of this Service Agreement or of any document or policy forming part thereof (including without limitation the Acceptable Use Policy), by Customer or any other customer;
Upon such termination CitéNet will have no obligation to make any refund or other payment (including, without limitation, refund of set up fees, prepaid fees or other credits for future Services) to the Customer. Despite any such termination, CitéNet may pursue any other recourse against the Customer, including barring the Customer from accessing stored email, or sending or receiving E-mail, information or other communication.
6.6 If CitéNet terminates the Service as a result of Customers breach of this Agreement, Customer may be charged an applicable Termination Charge (as set out herein). In the event of an Account suspension for any of the above reasons, a service charge in the amount of $175.00 (over and above other applicable charges) will be applied to Customer's Account. If Customer's Account is suspended and the outstanding problem has not been resolved within eight (8) days from the date of suspension, the Service may be discontinued, in which case the then applicable installation and/or activation fee will apply if Customer wishes to resume Customers subscription to the Service.
6.7 CitéNet shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of Customers Account, Service or this Service Agreement. Termination of this Service Agreement or suspension of Customers Account and Service shall not relieve Customer from any Service Fees, Termination Charge, or other fees and charges, owing or other liability accruing hereunder prior to the time that such termination or suspension becomes effective.
7.1 If a change in Customers local loop or telephone service is requested from Customer's local phone company, it is Customer's sole responsibility to advise CitéNet of the changes with a minimum of 30 days written notice before such change occurs. This includes moves, regardless of whether Customer's phone number changes or not, changes to Customer's phone number and any other changes that may occur to Customer's local telephone service. All applicable cancellation and/or re-installation charges will be charged to, the Customers account or borne directly by the Customer.
8.1 To the extent permitted by applicable law, the Service, Service Router, Purchased Router, Peripheral Equipment and any hardware, software or other deliverables provided by CitéNet, its Agents and/or suppliers hereunder are provided "as is" and "as available" without warranties or conditions of any kind. Customers are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by CitéNet (the "Third Party Equipment and Services"). CitéNet disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither CitéNet nor any of its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service or any deliverable provided under this Service Agreement. The entire risk as to the availability and performance of the Service or any deliverable provided under this Service Agreement is with Customer. Further, neither CitéNet nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to Customer will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to Customers Account, the Service, any of Customers 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.
9.1 In the event of any breach by CitéNet, its affiliates, suppliers, employees or agents, including any breach of a fundamental term or any negligence, Customers exclusive remedy shall be to receive from CitéNet, payment for actual and direct damages to a maximum amount equivalent to and not exceeding one month's Fee actually paid, as per the contract terms. Other than the foregoing remedy, under no circumstances shall CitéNet, its affiliates or its agents be liable to Customer or any third party for:
9.1.1 Any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Service Agreement, including the use of the Service or access to the Internet, or any part thereof, by Customer or any other person through Customers Account, or Customers 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
9.1.2 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 Customer or a third party through Customers Account infringes the intellectual property rights or contractual rights of any third party
9.1.3 Without limiting the generality of the foregoing, CitéNet, its affiliates, suppliers or agents are not liable for: Any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which CitéNet does not directly serve; Defamation or copyright infringement arising from material transmitted or received over CitéNet's or its affiliates' facilities; or Infringement of patents arising from combining or using customer-provided facilities with CitéNet's or its affiliates' facilities.
10.1 The Agreement expresses the entire understanding between the Customer and CitéNet and replaces any and all former Agreements, understanding, offers and representations relating to CitéNet's performance in connection with this Agreement and contains all of the terms, conditions, understandings, representations and promises between the Customer and CitéNet.
This Agreement shall be governed by the laws of the Province of Ontario and the Customer and CitéNet irrevocably agree to the exclusive jurisdiction of the courts of Ontario at Toronto. In addition to representations, warranties and agreements You, the Customer, make under these Terms of Conditions, you confirm the information you have provided to CitéNet is true to the best of your knowledge and that you are 18 years of age or older.

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