By using or subscribing to any of the internet service plans and related products and services (together, the “Services”) provided by South Island Internet Services Ltd. ("SINET"), you agree to the following terms and conditions of service (the "Terms of Service"):
These Terms of Service govern the Services and any devices and/or equipment, including, without limitation, ethernet or radio devices and software used in conjunction with the Services ("Equipment") and constitute the whole of the understanding between you and SINET to all or any of the Services. You acknowledge that the Equipment may be purchased by you and become “Client Equipment” (as defined hereunder) or be provided to you by SINET under a rental arrangement, in which case the Equipment shall be referred to as the "Rental Equipment". By activating the Services, you acknowledge that you have read, understand and agree to these Terms of Service as set out below. SINET recommends that you print a copy of these Terms of Service and the Acceptable Use Policy applicable to the Services to which you subscribe. If you are not a subscriber you may contact SINET at any time to obtain a printed copy of these Terms of Service.
If you do not wish to be bound by these Terms of Service or any modifications which may be made by SINET from time to time (as described in the following paragraph) do not activate or use the Services and immediately contact SINET.
In addition to the terms contained in these Terms of Service, these Terms of Service are also subject to the terms and conditions set out in the SINET Acceptable Use Policies applicable to the Services, and available at www.southislandnet.com, or as may be required by statute or regulation.
YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF ANY CHANGES MADE TO THESE TERMS OF SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE AS MODIFIED BY SUCH CHANGES.
The customer can obtain more information about the Services and these Terms of Service by contacting SINET’s customer services at the telephone number(s) shown on the front of your billing invoice or on-line at www.southislandnet.com.
*The details of the various Services plans, including other products and services offered by SINET, can be found on our web site under services. SINET may, at its discretion, make changes to the Services from time to time, including changing Services fees, introduce and/or substitute new Service plans and change the Services in and prices of existing Services plans and related products and services.
USE OF THE SERVICES
1. The Services may only be used in accordance with the SINET Acceptable Use Policy applicable to such Services.
2. The Equipment, technology and/or processes provided to you may be subject to intellectual property rights reserved by SINET or third parties. Nothing contained in these Terms of Serviceshall grant to you any right, license, title or ownership of, in or to any intellectual property rights of SINET or any third party in such Equipment, technology or processes.
3. SINET, the SINET logo and certain product or service names are registered trademarks or trademarks of South Island Internet Services Ltd. You agree not to copy, display or use in any manner any of SINET's trademarks without SINET's express prior permission. Other product, information or company names mentioned in these Terms of Service may be the registered trademarks or trademarks of their respective owners.
4. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution or exhibition of copyrighted motion pictures and certain programming and SINET shall not be liable for the same, nor is SINET granting you any rights in that regard whatsoever.
SINET does not warrant the condition or content of any content you are able to access on the Internet through the use of SINET Services. You acknowledge that there may be programming content or other content that you may find offensive and you agree that your viewing and/or use of such content is at your own risk. Some content may not be suitable for minors and you agree to supervise all minors whom you permit to access the content from the Internet through your account with SINET.
All Residential Service plans are subject to a $150 installation fee that may include a 10" pole mount, ethernet connectivity on an external wall of your home or business and up to 50 meters of cable to a suitable radio location. Each plan includes a single, dynamically-assigned, public IP address that is GeoIP-located in Canada. A radio receiver that is suitable for the connection can be purchased at the time of installation, or you can rent a radio for a monthly fee with your plan.
You are required to provide their own router to distribute Internet signal within your home or business. A fully-managed, WiFi-enabled router can be provided as part of your plan for an additional up-front or monthly rental fee.
Additional installation charges (i.e. tree climbing, cable routing, installation of additional equipment, power to site, etc.) may apply.
SERVICE INTERRUPTION/SINET'S RIGHT OF ENTRY
1. You agree to provide SINET access to the Rental Equipment (including reasonable access to the location the Services are provided ("Service Location") as may be reasonably necessary in order to install, inspect, repair, replace or perform necessary maintenance on the Rental Equipment, its facilities and/or network, or for other technical reasons as may be required. SINET's employees/agents will show identification prior to entering the Service Location. SINET is only required to provide you reasonable notice if SINET needs access inside the Service Location. If you are not the owner of the Service Location, it is your responsibility to obtain and maintain access rights for the purpose of enabling SINET employees and/or agents to install, maintain and provide the Services at such Service Location.
2. You understand that the Services do not function in the event of a power failure and regardless of where the power failure arises. In addition, a power failure or disruption may require SINET to reset or reconfigure the Rental Equipment, its facilities and/or network to reactivate the Services.
IMPORTANT: SINET does not warrant uninterrupted use of the Services and will not apply any rebate for service interruptions.
1. SINET may install or cause to be installed the Rental Equipment in the Service Location. The Rental Equipment is provided for your use of the Services and will at all times remain the property of SINET. You will not sell, lease, transfer or assign the Rental Equipment. You may use the Rental Equipment only at the Service Location address you have indicated to SINET at the time you subscribe to the Services. You will not re-arrange, disconnect, remove, repair or otherwise interfere with the Rental Equipment nor will you relocate the Rental Equipment to another address without SINET's prior written consent. Rental Equipment provided by SINET will be charged as part of the monthly Services fee, plus applicable taxes. SINET may require you to pay a Rental Equipment deposit prior to providing you with the Rental Equipment. You agree to keep all of the Rental Equipment free and clear of any lien or encumbrance of any kind whatsoever. If you become aware that any lien or encumbrance has been placed on the Rental Equipment you are responsible to notify SINET immediately and to assist SINET in removing same.
2. You are responsible for the safekeeping of the Rental Equipment. If, while in your care, the Rental Equipment is damaged, lost or stolen you agree to pay SINET the full cost, including the costs incurred by SINET to recover, repair and/or replace the Rental Equipment. You hereby authorize SINET to charge your account and process payment for all Rental Equipment charges, plus applicable taxes, using any of the payment methods accepted by SINET for your account (including pre-authorized credit card or bank withdrawal).
3. Any unauthorized attachments to the Rental Equipment or interfering or tampering with the Rental Equipment or unauthorized use of the Rental Equipment are prohibited and may constitute theft under the Criminal Code of Canada.
4. You are required to return the Rental Equipment to SINET in good working order as follows (i) if your Services have expired or are terminated, within thirty (30) days of your Services being disconnected, (ii) if SINET has replaced or upgraded your Rental Equipment, within thirty (30) days of the replacement or upgrade order, or (iii) if SINET has provided you Rental Equipment for self-install and you do not install such Rental Equipment, within thirty (30) days of the self-install order.
In the event that the Rental Equipment is not returned to SINET as set out above, you agree to pay to SINET a “Rental Equipment Non-Return Fee”, in an amount equivalent to the undiscounted retail value of the Rental Equipment, which amount will vary based on the type and model of the Rental Equipment, plus applicable taxes. The Rental Equipment Non-Return Fee will be applied and appear as a charge on your SINET account on the date (i) your Services have expired or are terminated, (ii) fifteen (15) days after a replacement or upgrade order for Rental Equipment has been made, (iii) a self-install order for Rental Equipment has been made, or (iv) you install new, replacement or upgraded Rental Equipment, as applicable, provided however that if the Rental Equipment has been returned to SINET within thirty (30) days as set out above payment will not be processed and the Rental Equipment Non-Return Fee charged to your SINET account will be reversed. If the Rental Equipment has not been returned to SINET as set out above, payment for the Rental Equipment Non-Return Fee will be processed using any of the payment methods accepted by SINET for your account (including preauthorized credit card or bank withdrawal).
The Rental Equipment may be returned to Suite 5, 100 East Point Road on Saturna Island BC V0N 2Y0 or via Canada Post to the Saturna Post Office. For information concerning the return of the Rental Equipment you can contact SINET's customer service on-line or by phone (1.778.402.0005). SINET is not responsible for any Rental Equipment which is stolen, lost in transit or is otherwise not received by SINET for any reason within the thirty (30) day return periods described above.
5. All Equipment and devices purchased and paid for by you, which are neither returnable to nor refundable by SINET, and that you are required to supply for access and use of the Services or that you use in connection with the Services, such as audio devices, telephones, home security and/or medical devices, fax machines, computer equipment or any other equipment and/or associated devices (collectively, "Customer Equipment") shall be and remain your responsibility. You agree that SINET is not responsible for any damage or loss to Customer Equipment arising from your use of the Services. You further acknowledge and agree that SINET is not responsible for the installation, operation, maintenance, use or support of Customer Equipment, including without limitation, the compatibility of Customer Equipment with any Rental Equipment or the Services.
1. You agree to pay SINET the total charges for access to and/or use of the Services, including, without limitation: fees applicable to installation; Rental Equipment rental, deposits, or non-return charges; processing fees, costs incurred by SINET and interest charges, if your account is past due; early-termination fees; service calls; plus any applicable federal, provincial or regulatory taxes or surcharges, incurred in connection with the access to and/or use of the Services (as all such fees may be changed from time to time). SINET will bill you each month in advance for the Services (usage based Services will be billed in arrears). Unless otherwise indicated at the time you place your order for one-time or recurring purchase products, all sales are final and no fees will be refunded if you cancel your Services.
2. You agree to pay all amounts by the due date indicated on your invoice by using any of the payment methods accepted by SINET. Payments made after the statement date on your invoice will be reflected on your next invoice. Amounts owing after the due date are subject to a late payment interest charge calculated and compounded monthly on the outstanding amount at 2% per month (26.8% per year) from the date of the first bill on which it appears until paid in full. If your account remains unpaid for 60 days, SINET may refer your account to a collections agency and you agree to pay a fee of $20.00 for services relating to the administration, processing, or service costs for your account (for example, collections efforts due to non-payment or suspension, disconnection or reactivation of your Services). You agree to pay SINET $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Payment of the full amount due will be required before the Services may be restored, provided SINET is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due or abuses SINET's Acceptable Use Policy applicable to the Services.
3. You are responsible to ensure that the billing information you provide SINET is accurate. You agree to promptly notify SINET of any changes in your billing information.
4. You are responsible for any costs, including legal fees and expenses, collection agency fees or payments and Court costs incurred by SINET to collect any amounts owing under these Terms of Service.
5. You must bring billing invoice questions and disputes to SINET's attention within 60 days of the invoice date. Your failure to contact SINET regarding any invoice will constitute your acceptance of the invoice. SINET maintains discretion to disconnect services during a dispute if satisfactory payment arrangements have not been made by you.
CREDIT AND SECURITY DEPOSIT
SINET reserves the right to examine your credit records at any time, whether before or after providing you the Services.
SINET'S PROVISION OF SERVICES
SINET is not required to provide the Services where:
(a) the Service Location is located outside of SINET's service or licensed geographic area;
(b) you have failed to make payment of the amounts due for the Services and/or the Rental Equipment; or
(c) SINET would have to incur unusual expenses to bring the Services to the Service Location, which you do not agree to pay.
P.A.Y.G. PLAN TERM AND TERMINATION
The term of the P.A.Y.G. Data Plan is for a single calendar month, or any portion thereof. That is, the fee and the included data is the same if you start on the 1st, the 10th, the 15th, etc. There is no pro-rate option when starting or stopping the P.A.Y.G. Data Plan, rather it is simply applied to the remaining term of the current month in which you start. The P.A.Y.G. Plan will rollover automatically on the 1st of each subsequent month, indefinitely, unless you notify SINET, in writing via email or by contacting our service desk during Business hours, of your intention to cancel the plan before the end of the last day of the month.
SERVICE PLAN DATA USAGE
For plans that feature an initial 'Included Data' amount, users will be notified automatically via their account email when they reach either 75% or 90% of their monthly Included Data, depending on their plan. Once the Included Data amount has been reached, the user will accrue additional usage fees on their account at the rate described in their plan, which additional usage fees will become due and payable at the end of the month.
Unlimited Data: South Island Internet reserves the right to reduce the speed of service if required to maintain overall network performance.
Plans that feature a 'Free Access Account' are restricted to WiFi-Only access to the SINet Public WiFi network and are limited to 2 devices (i.e laptop, tablet, phone or other WiFi-enabled access device) at any given time.
CHANGING YOUR PLAN For unlimited data, subscription-based plans, you may change your plan to any other subscription plan currently offered by SINET, one time per month, and SINET will pro-rate the difference in the monthly charges on that date. The new subscription plan and rate will continue unless you notify SINET of your intention to change to another subscription plan at the end of the current month, if a change has already been made in that month, or at any date in the following month or any future time in the term of the subscription, subject to the limit of only one change per month. Subscription plans cannot change to a P.A.Y.G. plan until the term of the subscription has been reached.
SOFTWARE AND FIRMWARE UPDATES
You expressly agree to receive software and firmware updates in relation to the Services. Such updates may change, add or remove features and/or functionalities of the Equipment and/or the Services.
SECONDARY USERS AND ACCESS
Your SINET account may only be registered by the customer subscribing to the Services at the Service Location. Access to the Services at the Service Location is limited to the principal residents or business operator of the Service Location and their staff, clients, visitors or guests from time to time (collectively, the “Secondary Users”) but does not include tenants, sub-tenants or any other user’s access or use to or of the Service as a component of any rental or service agreement to which you are a party, unless agreed to in writing by SINET. If the Customer Equipment or Rental Equipment at the Service Location includes a WiFi-capable router (a “WiFi Device”), You agree and warrant that you will not operate the WiFi Device without enabling secure (WPA2 or better) passphrase-only access and will change the passphrase regularly.
You agree that you are responsible for any and all of the activities of the Secondary User’s access to the Services of the account and their compliance with these Terms of Service and the Acceptable Use Policy applicable to the Services, to the extent such terms relate to their use. You agree to communicate any and all notices from SINET to the Secondary users, to the extent applicable.
If you are moving you are responsible to notify SINET at least 30 days prior to the date you are moving. If you move to a location that is outside of the area served by SINET and are not subject to a service agreement, these Terms of Service shall be terminated and you must return all Rental Equipment to SINET. The ability to transfer the Services to a new location is dependent on the availability of the Services at the new location and subject to change.
CUSTOMER INITIATED TERMINATION OR SUSPENSION
1. (a) In relation to P.A.Y.G. accounts, you may terminate the Services by notifying SINET at 1-778-402-0005 of your desire to terminate; (b) In relation to contract accounts, you may suspend your service at any time by providing SINET no less than 30 days advance notice of your desire to suspend, in which event you will be charged your current Service plan fee until the end of the current month, after which your Services will be suspended, and a minimum service fee of $10 per month, plus the fees for any Rental Equipment included in your Service contract, will be billed to your account on a monthly basis until Service is restored as provided for below. If your account remains suspended past the original end date of your Service contract, it will automatically terminate under the terms and conditions set forth below under “SINET-INITIATED TERMINATION”. You may resume your service at any time within the term of your Service contract by providing SINET no less than 5 days notice of your desire to resume, in which event the Service will be restored and your Service plan will be billed pro-rata for the current month; (c) In relation to 12-month contract accounts, you may terminate the Services by providing SINET no less than 30 days advance notice of your desire to terminate, in which event you will be charged an early termination fee not more than the minimum service fee of $10 per month, plus the fees for any Rental Equipment included in your service contract, for each full-month remaining in the term of your contract. These fees will be assessed on your next bill.
2. You agree that if the Services are terminated for any reason you will: (a) pay SINET in full for any amounts due and outstanding for your use of the Services, plus applicable taxes, including any applicable early termination fees; and (b) return the Rental Equipment to SINET.
3. On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to SINET of the credit balance amount.
SINET-INITIATED TERMINATION OR SUSPENSION
1. SINET may restrict, block, suspend or terminate all or any part of the Services immediately where you:
(a) fail to make timely payment on your account for the Services and, in the case of a termination, such failure has continued for more than 60 days; provided, however, that in the case of suspension or termination when your account balance is more than $50, such failure has continued for more than 30 days; (b) become bankrupt or otherwise insolvent; (c) fail to provide SINET with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or SINET's facilities or network; (d) are in breach of any term or condition of these Terms of Service or of SINET's Acceptable Use Policy applicable to the Services that you subscribe to; or (e) if you relocate, alter, abuse or disconnect the Rental Equipment.
2. For the situations listed above, SINET will attempt to notify you using the information shown on your account stating the reason and date scheduled for the suspension or termination.
3. Despite the above, SINET will not provide you notice of a proposed restriction, block, suspension or termination: (a) if immediate action must be taken to protect SINET's facilities, Rental Equipment, or network, or if suspension is required by legal requirement, court order, ordinance or regulatory authority; (b) if SINET believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; (c) if you misuse or abuse or permit others to misuse or abuse the Services for purposes that are contrary to law, these Terms of Service or SINET's Acceptable Use Policy applicable to the Services you subscribe to; or (d) in an emergency situation.
4. If all or any part of the Services are restricted, blocked, suspended or terminated for cause, SINET is not obligated to restore the Services. If SINET agrees to restore your Services, a reconnection service charge may be applied.
5. On or after expiry or termination of the Services for any reason, if your account has a credit balance less than ten dollars ($10.00), this credit balance will not be automatically refunded to you when Services expire or are terminated. If your account has a credit balance of ten dollars ($10.00) or more, we will refund that balance to you within thirty (30) days (i) by mailing a refund cheque to the last known address that we have for you in our records or any other address that you instruct us to mail to or (ii) by processing the refund to the credit card on your account. It is your responsibility to keep us informed of any change in your mailing address or credit card details. Your failure to inform us of any such changes will, in the event that any refund cheque mailed to you is returned as undeliverable or any refund to your credit card is unsuccessful, result in the forfeiture to SINET of the credit balance amount.
1. SINET shall not be liable for: (a) any interruption or unavailability of the Services; (b) any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services; (c) your conduct, acts or omissions; (d) any event beyond the reasonable control of SINET including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; (e) SINET's failure, for any reason, to activate the Services on the activation date you requested or date provided to you by SINET; (f) any defacement of, or damage to, the Service Location resulting from the attachment of any instruments, apparatus or associated wiring and/or the Rental Equipment furnished by SINET, or removal thereof, when such defacement or damage is not wholly caused by SINET's negligence; and (g) any damages you incur as a result of the operation or failure of Your Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of Your Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the Rental Equipment and/or the Services.
LIMITATION OF LIABILITY
1. IN THE EVENT OF ANY BREACH BY SINET, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY SINET, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM SINET PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY YOU TO SINET IN THE PAST THREE MONTHS FOR THE SERVICES.
2. UNDER NO CIRCUMSTANCES SHALL SINET BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THESE TERMS OF SERVICE, INCLUDING YOUR USE OF THE RENTAL EQUIPMENT AND/OR SERVICES, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
3. SINET SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE SINET HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING; (a) CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM THE SERVICES; (b) ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE RENTAL EQUIPMENT AND/OR THE SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR (c) CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE RENTAL EQUIPMENT AND/OR THE SERVICES.
4. FOR THE PURPOSES OF THIS SECTION, ANY REFERENCE TO "SINET" SHALL INCLUDE SINET, ITS PARTNERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS.
5. YOU SHALL NOT BE LIABLE FOR THIRD PARTY USE OF SINET HOTSPOT.
ALL RENTAL EQUIPMENT AND THE SERVICES ARE PROVIDED BY SINET "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. SINET DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE RENTAL EQUIPMENT AND/OR THE SERVICES. SINET DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. SINET DOES NOT WARRANT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.
DISPUTES AND GOVERNING LAW
1. ANY DISPUTES OR CLAIMS ("CLAIMS") WHATSOEVER BETWEEN SINET AND YOU WILL BE REFERRED TO AND DETERMINED BY ARBITRATION TO THE EXCLUSION OF THE COURTS. IF YOU HAVE A CLAIM YOU SHOULD GIVE WRITTEN NOTICE TO ARBITRATE TO SINET AT SUITE 5, 100 EAST POINT ROAD SATURNA BC V0N 2Y0 ATTENTION: LEGAL DEPARTMENT. ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR PURSUANT TO THE LAWS AND RULES RELATING TO COMMERCIAL ARBITRATION IN THE PROVINCE OF BRITISH COLUMBIA THAT ARE IN EFFECT ON THE DATE OF THE NOTICE. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST SINET RELATED TO ANY CLAIM. YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST SINET. IF SINET HAS A CLAIM, SINET WILL GIVE YOUR NOTICE TO ARBITRATE AT YOUR BILLING ADDRESS. IF THE CLAIM RELATES TO A MATTER THAT SHOULD BE BROUGHT BEFORE THE CANADIAN RADIO- TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC) OR OTHER CUSTOMER COMPLAINTS BODY SET UP TO ADDRESS SUCH MATTERS, YOU AGREE THAT THE CRTC OR SUCH BODY WILL RESOLVE THE CLAIM. THIS PARAGRAPH IS SUBJECT TO ANY PROHIBITIONS UNDER APPLICABLE LAW.
2. THESE TERMS OF SERVICE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. THESE TERMS OF SERVICE CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE AND SUPERCEDES AND REPLACES ANY AND ALL PRIOR WRITTEN OR VERBAL UNDERSTANDINGS.
COMMISSIONER FOR COMPLAINT FOR TELECOMMUNICATIONS SERVICES (CCTS)
CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their broadcasting and telecommunications services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221- 1687.
1. You may not assign, resell or transfer the Rental Equipment or the Services to any person without prior written consent of SINET. These Terms of Service will enure to the benefit of, and be binding upon, your respective heirs, executors, administrators, successors and permitted assignees and, for the purpose of SINET, these Terms of Service shall benefit to any party that controls, is controlled by or under common control with SINET.
2. Upon termination of these Terms of Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of SINET Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of these Terms of Service.
3. The failure of either party to insist upon strict interpretation of these Terms of Service or to exercise any options set out in these Terms of Service, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.
4. SINET does not grant you any right to use SINET's logos, trademarks or trade names in any manner unless SINET give you prior written consent and/or grants you an appropriate license to use.
(a) satisfy any legal or regulatory requirement or governmental request;
(b) obtain, deliver, operate and market the Services; or
(c) protect SINET or its customers.
Report Internet Abuses
Help us keep your service running safely and effectively.
Your use of Internet Services from South Island Internet Services Ltd. ("SINET") represents both a duty and a responsibility on your part to ensure that other SINET customers can also have a productive, enjoyable experience on our Services. This Acceptable Use Policy ("Policy") was designed to provide you with a clear understanding of the unacceptable uses of our Services and equipment as well as to ensure that we are able to provide the best level and quality of Services that we can to our customers. Each customer of SINET is responsible for ensuring that the use of all Services provided to such customer complies with this Policy.
If SINET believes, in its sole discretion, that a violation of this Policy (direct, or indirect, including violations by a third party) has occurred, it may take responsive action. SINET is entitled to remove the offending material, establish immediate or temporary filtering, deny access, suspend or terminate SINET Services, or take any other appropriate action, as determined by SINET, in addition to any remedies provided by any agreement to provide SINET Services.
SINET may investigate incidents involving violations of this Policy, and such violations may subject the customer to civil or criminal liability. In the event of a criminal violation SINET will co-operate fully with law enforcement.
You are solely responsible for any use of their SINET account, regardless if such use occurred without the account holder's consent or knowledge.
SINET may amend this policy at its sole discretion. The continued use of SINET services after an amended policy has been posted here will be deemed as acceptance of the amended policy.
Illegal/Criminal Activity. SINET services must not be used for any activity that violates any local, provincial, federal, international or any other applicable law or regulation, including the distribution or storage of materials that are contrary to any applicable law or regulation. Prohibited activities include, but are not limited to: (a) Infringing copyrights, trademarks, trade secrets, patents or any other type of intellectual property; (b) Posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence; (c) Transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material; and (d) Violating the personal privacy of another individual.
Security Violations. SINET services must not be used to breach the security of any account, network, service, or other system of SINET, or to gain unauthorized access to another network or system. Other security breaches include, but are not limited to: (a) Attempting to gain access to any other person's computer, software or data, without their knowledge or consent; (b) Circumventing user authentication or security of any host, network or account ("cracking" or "hacking"); (c) Interfering with service to any user, host or network ("denial of service attacks") including, but not limited to, mail bombing, flooding of networks, deliberate attempts to overload a service and attempts to crash a host; (d) unauthorized monitoring of SINET or third party’s data, systems or network traffic; (e) Using or distributing tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
Email Violations. SINET Services must not be used by you (or anyone using the Services we provide to you, either with or without your knowledge) to send messages (including fax and voice traffic) that have the effect of preventing fair and proportionate use of SINET Services by others. Other email violations include, but are not limited to: (a) advertising, transmitting, or in any way providing any software, program, product, or service that facilitates a violation of this Policy or is designed to violate this Policy or the Acceptable Use Policy of any other Internet Service Provider; (b) sending unsolicited bulk messages, including, commercial advertising, unsolicited commercial messages, chain letters, charity requests, petitions for signatures and political or religious messages; (c) sending messages to any user who does not wish to receive it, either to a SINET account holder or otherwise; (d) Spamming, whereby you sends numerous copies of the same or substantially similar messages to many account holders, or sending large or multiple files or messages to a single user with malicious intent; (e) Spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that SINET was involved in the transmission of such email or content; (f) Altering the headers of email messages for the purpose of concealing the recipient's or sender's identity, or any other illegitimate purpose; (g) Operating an unsecured email relay;(h) Posting binary files to non binary newsgroups; and (i) Attempting to evade filters of spamming.
SINET considers the above prohibitive practices to constitute abuse of its Services. Therefore, SINET's Terms of Service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of your account and/or access to SINET's Services in accordance with the Terms of Service above.
Nothing contained in this policy shall be construed to limit SINET’s actions or remedies in any way with respect to any of the foregoing activities. SINET reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from SINET Services, and levying early termination charges to cover such costs.
In addition, SINET reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. Complaints regarding email, or USENET abuse, SPAM or Illegal Use or System or Network Security issues, should be sent to email@example.com.
You will indemnify and hold SINET harmless from any claim brought by third parties relating to your use of SINET Services. You must pay and defend all legal costs (including legal fees) arising from such claims. Upon receiving notice, you must immediately notify SINET of any claim or potential claim involving your use of SINET Services. Failure to do so gives SINET the right to defend such claims at your sole cost.
SINET makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of SINET Services for a particular purpose. SINET takes no responsibility for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including, but not limited to, loss of use, data, information or profits from delays, non-deliveries, mid-deliveries, or service interruptions, arising out of, or in connection with, customer use or access of any site.
SINET may co-operate with other Internet Service Providers to discourage and resist any abuse of online procedure and policies. In the event that SINET learns that one of its customers is using other networks in an unacceptable way, SINET reserves the right to take corrective action against such customer.
CONTENT OF ONLINE MATERIAL
SINET is not responsible for, and shall not be held liable for any damages resultant of any conduct, content, communications, goods and services available on or through SINET Services.
You acknowledge that some content, products or services available with or through the Service ("Content") may be offensive or may not comply with applicable laws. You understand that SINET will not attempt to censor or monitor any Content. You also acknowledge that SINET has any obligation to monitor your use of the Services and, except as provided herein, has no control over such use. You understand, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Services. You assume total responsibility and risk for access to or use of Content and for your use of the Services and the Internet. SINET assumes no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
PRIVACY OF COMMUNICATIONS
SINET cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. SINET therefore recommends that the Services not be used for the transmission of confidential information. Any such use shall be at your sole risk and SINET shall be relieved from all liability in connection therewith.
SINET may at all times monitor the performance of SINET Services electronically to ensure its facilities are operating properly.
You acknowledges that SINET has the right, but not the obligation, to monitor or disclose the contents of private communications if SINET, in its sole discretion, reasonably believes that such action is necessary: (a) to comply with applicable law or valid legal processes; (b) to protect SINET' rights or property; (c) in emergencies where a person's physical safety is compromised; and (d) to enforce the terms of this policy.
SINET is not obliged to inform you that such information has been disclosed or will be disclosed.
What Personal Information do we process and for which purposes?
Visiting our site does not require any form of registration, allowing you to learn about our products, services and policies without telling us who you are. However, some services may require you to provide us with Personal Information, which may include your direct identifiers, such as name, birth date, email address or telephone number. We may collect and use Personal Information to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which we inform you when we collect Personal Information from you.
Personal Information used for website usage analytics:
We may collect and process information about your visit to this website, such as the pages you visit, the website you came from and some of the searches you perform. Such information is used by us to help improve the contents of the site and to compile aggregate statistics using our site for internal, market research purposes. In doing this, we may install "cookies" that collect the domain name of the user, your internet service provider, your operating system, and the date and time of access. A "cookie" is a small piece of information, which is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a "cookie”, this will enable you to decide if you want to accept it or not. , however, if you do not accept, you may not be able to use all functionalities of your browser software. We may also use external service providers to help us collect and process the information described in this section.
Occasionally, we may use internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs and 1-by-1 GIFs) and cookies at this site and may deploy these tags/cookies through a third-party advertising partner or a web analytical service partner which may be located and store the respective information (including your IP-address) in a foreign country. These tags/cookies are placed on both online advertisements that bring users to this site and on different pages of this site. We use this technology to measure the visitors' responses to our sites and the effectiveness of our advertising campaigns (including how many times a page is opened and which information is consulted) as well as to evaluate your use of this website. The third-party partner or the web analytical service partner may be able to collect data about visitors to our and other sites because of these internet tags/cookies, may compose reports regarding the website’s activity for us and may provide further services which are related to the use of the website and the internet. They may provide such information to other parties if there is a legal requirement that they do so, or if they hire the other parties to process information on their behalf. If you would like more information about web tags and cookies associated with on-line advertising or to opt-out of third-party collection of this information, please visit the Network Advertising Initiative website http://www.networkadvertising.org
We may use Google Analytics to optimize our web pages and traffic from related sites. “Google Analytics” is a service offered by Google Inc. (“Google”) that generates detailed statistics about a website's traffic and traffic sources and measures conversions and sales. Google Analytics uses “cookies” stored on your computer to help analyze how users use our website. The information generated by the cookies about your use of our website, including your IP address, will be anonymized by use of the appropriate settings prior to be transmitted to Google servers in the United States. For more information on how IP anonymization works, please see https://support.google.com/analytics/answer/2763052.
You may prevent or stop the installation and storage of cookies by you browser settings by downloading and installing the free Opt-out Browser Add-on available at https://tools.google.com/dlpage/gaoptout?hl=en. If you do not accept cookies, you may not be able to fully experience all functions of our website.
Google may transfer this information to third parties if required to do so by law or if a third party processes the information on Google's behalf.
By using our website, you consent to the processing of any Personal Information that Google collects about you in the manner and for the purposes described above
Who has access to your Personal Information and to whom are they transferred?
Also, Personal Information may be disclosed to a third party if we are required to do so because of an applicable law, court order or governmental regulation, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding here or abroad.
The Personal Information we collect from you may also be processed, accessed, or stored in countries outside Canada. Such countries may offer a different level of protection of Personal Information. If we transfer your Personal Information to external companies in other jurisdictions, we will make sure to protect your Personal Information by applying the level of protection required under applicable data privacy laws.
How do we protect your Personal Information?
To ensure the security and confidentiality of Personal Information that we collect online, we use data networks protected, inter alia, by industry standard firewall and password protection. In the course of handling your Personal Information, we take measures reasonably designed to protect that information from loss, misuse, unauthorized access, disclosure, alteration or destruction and against other unlawful forms of processing.
How long do we store Personal Information?
We will only retain your Personal Information for as long as necessary to fulfil the purpose for which it was collected or to comply with legal or regulatory requirements.
What are your rights and how can you exercise them?
Whenever we process Personal Information, we take reasonable steps to ensure that your Personal Information is kept accurate and up-to date for the purposes for which it was collected. We will provide you with the ability to exercise the following rights under the conditions and within the limits set forth in the law:
If you wish to contact us regarding the use of your Personal Information, please email us at firstname.lastname@example.org or reach out to us at the contact information stated in the Contact us link above. If you have provided consent, you may wish to withdraw consent. You may request to access your Personal Information as processed by us, or ask for correction, where applicable.
By contacting us, please note the name of the website related to your request, your relationship and/or interactions with us (as applicable), as well as the specifics of the information you would like us to provide.
We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across websites or other online services.
Any request to delete Personal Information will be subject to the ethical and legal obligations to which we are bound with respect to document reporting, storage and retention. We may take reasonable steps to verify your identity before giving you access to your Personal Information or making corrections thereto.
If you wish to contact us regarding our use of your Personal Information or you wish to exercise your data privacy rights, please email us at email@example.com or at #5, 100 East Point Road Saturna BC V0N 2Y0.