eSutie Service Agreement

Service Agreement – eSuite.ca High Speed, Esuite.ca High Speed Basic, eSuite High Speed Premiere and eSuite High Speed Enhanced Services (the "Service Agreement")

Notice: This Service Agreement was last updated on October 1, 2007. For the most current Service Agreement, please check www.esuite.ca/service_agreement.htm

READ CAREFULLY. THIS SERVICE AGREEMENT IMPOSES OBLIGATIONS UPON YOU.

General. The eSuite High Speed Basic Internet Service, the eSuite and High Speed Internet Premium Internet Service (the particular service you subscribe to being referred to herein as the "Service") are residential Internet Services further described in Section 6 below, provided by Internet Access Solutions Ltd ("Your Service Provider") to you throughout the duration of this Service Agreement, which includes your Initial Service Period (defined in Section 4), if any, and continues until you give Your Service Provider notice of termination in accordance with Section 4 or until Your Service Provider terminates this Service Agreement as permitted herein (the "Term"). For the purposes of this Service Agreement, "you" or "yours" means and refers to you, the subscriber to the Service, and every person that you authorize to use the Service.

This Service Agreement sets out duties and responsibilities associated with providing you with the Service through a designated account (the "Account"). You are solely responsible for all access to and use of the Service through your Account, including any breach of the Service Agreement, by you or any user of your Account. If you do not wish to be bound by the terms and conditions of this Service Agreement, and pay the fees, charges and expenses associated with the Service, you may not access or use the Service.

Conditional Use of the Service. You are solely responsible for all access to the Service through your Account. By accessing and using the Service, you agree to the terms and conditions contained in this Service Agreement, including without limitation the provisions regarding fees, charges and expenses herein, and you further agree to comply with and use the Service in accordance with the Acceptable Use Policy attached to this Service Agreement. You agree to indemnify and hold Your Service Provider, its affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of this Service Agreement by you or any user of your Account, or in connection with your or their use of the Service.

Fees and Charges. You agree that the Service is provided to you subject to your payment of, and you shall pay, the monthly service rates, any applicable usage charges, installation fees and/or activation fees, the Service Modem Fees (defined in Section 18), if any, and other fees and charges, if any, together with all applicable taxes and charges, identified to you upon placing your order for the Service or as otherwise identified to you by Your Service Provider from time to time (collectively, the "Service Fees"), which Service Fees may be amended by Your Service Provider from time to time. For current rates and fees, go to www.eSuite.ca. Please note that rates and fees posted on the above-mentioned website do not include applicable taxes or any long distance or other charges. Service Fees and charges for partial months of Service use will be prorated, except upon cancellation of the Service by you as provided in Section 4 of this Service Agreement.

In the event Your Service Provider fails to bill you or under bills you for a charge, you will not be responsible for paying the previously unbilled or under billed charge except where:

in the case of a recurring charge, you are correctly billed within a period of one (1) year from the date the charge was incurred; or
in the case of a non-recurring charge, you are correctly billed within a period of one hundred and fifty (150) days from the date the charge was incurred.

You have the option to pay for the Service by credit card or by pre-authorized payment. Billing confirmation will not be sent to you each month. Should you decide to pay by credit card, your credit card statement will summarize the monthly fees charged. Your credit card statement will read “IASL”. Should you pay by pre-authorized debit, your bank statement will summarizer the monthly fees charged. You bank statement will read “IASL-Internet”.

It is your responsibility to ensure that the billing information that you provide to Your Service Provider, including your address and credit card or bank account information, remains current at all times. You agree to notify Your Service Provider of any changes to your billing information. If your Service Provider discovers that:

your credit card is not valid or your bank account is closed;
you have revoked Your Service Provider’s authorization to make withdrawals; or
Your Service Provider cannot reach you or access your monetary funds to get paid for the Service provided,

Your Service Provider will be entitled to terminate the Agreement or suspend the Service, upon which termination or suspension you will become liable for all applicable termination and other fees.

Cancellation or Termination of the Service. Your order for the Service will be confirmed and you will have entered into a binding contract with Your Service Provider when: (i) you submit your online order and it is accepted by Your Service Provider; or (ii) your phone order is confirmed by email or other form. If subsequent to the confirmation you cancel your order prior to activation of the Service you will be charged a $75 cancellation fee (the "Cancellation Fee"), to the extent permitted by applicable law, as the amount representing a reasonable estimate of damages suffered by Your Service Provider as a result of your failure to activate the Service. If you wish to cancel your order, please call 416-853-1000.

Once activated, the Service may be cancelled by you by calling Your Service Provider at the number listed in the preceding paragraph. If your subscription to the Service is not subject to an Initial Service Period (defined below) and you cancel your Service, your charges will not be pro-rated for the billing period in which you cancel. Your account will be terminated as of the last day of the calendar month following the date of the notice of cancellation to your Service Provider. Your Account will be charged the regular Service Fees and Non-Return Fee (defined in Section 18), if any, and other applicable fees and charges, plus all applicable taxes, for that termination period.

If your subscription to the Service is subject to an initial commitment period of 12 months or longer, within the Term, as selected by you upon subscribing to the Service (the "Initial Service Period"), charges will be applicable if you cancel the Service during such Initial Service Period (the "Termination Charges"). If you cancel the Service prior to the end of the initial commitment period, or if Your Service Provider terminates for your breach of this service agreement, you will be charged a Termination Charge of $100.00, to the extent permitted by applicable law, as the amount representing a reasonable estimate of damages suffered by Your Service Provider as a result of your early termination and not as a penalty. Higher Termination Charges apply to contracts with Initial Service Periods longer than twelve (12) months and are identified to you prior to your subscription to such contracts. Your Service Provider may waive the Termination Charge if during the Initial Service Period you migrate to another eSuite.ca Internet service offered by Your Service Provider with monthly fees no lower than those associated with the Service you originally subscribed to and for a duration at least as long as your original Initial Service Period. If you cancel the Service prior to the end of the Initial Service Period as a result of a material change in the Service, the Termination Charge will be waived by Your Service Provider. If you cancel your Service, the termination will be effected as of the last day of the calendar month following date of the notice of cancellation to your Service Provider. In addition to any applicable Termination Charge, your Account will be charged the regular Service Fees and Non-Return Fee, if any, and other applicable fees and charges, plus all applicable taxes, for that termination period. Until cancelled or terminated as provided in this Service Agreement, the Term and this Service Agreement continue to apply.

Termination and Account Suspension by Your Service Provider.Your Service Provider, in its sole discretion, may terminate this Service Agreement upon thirty (30) days notice, or suspend the Service at any time upon notice to you. Your Service Provider, in its sole discretion, may cancel, suspend or restrict the Service and your Account (without any reduction in your monthly Service Fees applicable to the Service) or terminate this Service Agreement, at any time without notice, if:

the operations or efficiency of the Service is impaired by the use of your Account or the Service;
any amount is past due from you to Your Service Provider; or
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 you or any other
If Your Service Provider terminates for your breach of this Service Agreement, you may be charged an applicable Termination Charge (as set out in Section 4). In the event of an Account suspension for any of the above reasons, a service charge in the amount of $100.00 will be applied to your Account. If your 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 reactivation fees will apply if you wish to resume your subscription to the Service. Reactivation fees are $49.95 per occurrence.
Your Service Provider shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of your Account, Service or this Service Agreement. Termination of this Service Agreement or suspension of your Account and Service shall not relieve you 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.

The Service. The Service you subscribe to is the particular residential Internet service identified to you upon your placing an order with Your Service Provider. The following is a general description of services provided by Your Service Provider, which services are subject to change in accordance with Section 10.

The eSuite High Speed Enhanced Internet service includes:

a High Speed Internet connection;
50 GB per month of combined download (from the Internet to you) and upload (from you to the Internet) bandwidth limit. If you exceed the limit for the first time you will be informed of the excess use and advised to reduce your transfer activity. Additional bandwidth fee will apply afterwards. A fee of $1.00 per GB transfer over your specified limit will be charged. This fee will be billed in 100MB increments to a maximum of $25.00 per month. (1024MB= 1GB) It is your responsibility to monitor and manage your monthly download and upload bandwidth activity. To allow you to monitor your monthly upload and download bandwidth activity, the Bandwidth Activity Tracker is available upon request. Call eSuite.ca Technical Support at 416-853-1000.
Web mail access;
5 megabytes of personal webspace;
1 dynamic IP address;
Network anti-spam filtering;
Network Virus Scanning of emails
the eSuite.ca Internet service technical support package described below; and
7 email accounts, the email package described below.
Modem rental included in the monthly fee. All taxes are extra

The eSuite High Speed Premiere Internet service includes:

a High Speed Internet connection;
40 GB per month of combined download (from the Internet to you) and upload (from you to the Internet) bandwidth limit. If you exceed the limit for the first time you will be informed of the excess use and advised to reduce your transfer activity. Additional bandwidth fee will apply afterwards. A fee of $1.00 per GB transfer over your specified limit will be charged. This fee will be billed in 100MB increments to a maximum of $25.00 per month. (1024MB= 1GB) It is your responsibility to monitor and manage your monthly download and upload bandwidth activity. To allow you to monitor your monthly upload and download bandwidth activity, the Bandwidth Activity Tracker is available upon request. Call eSuite.ca Technical Support at 416-853-1000.
Web mail access;
5 megabytes of personal webspace;
1 dynamic IP address;
Network anti-spam filtering;
Network Virus Scanning of emails
the eSuite.ca Internet service technical support package described below; and
5 email accounts, the email package described below.
Modem rental included in the monthly fee. All taxes are extra

The eSuite Basic High Speed Internet service includes:

an High Speed Internet connection;
20 GB per month of combined download (from the Internet to you) and upload (from you to the Internet) bandwidth limit. If you exceed the limit for the first time you will be informed of the excess use and advised to reduce your transfer activity. Additional bandwidth fee will apply afterwards. A fee of $1.00 per GB transfer over your specified limit will be charged. This fee will be billed in 100MB increments to a maximum of $25.00 per month. (1024MB= 1GB) It is your responsibility to monitor and manage your monthly download and upload bandwidth activity. To allow you to monitor your monthly upload and download bandwidth activity, the Bandwidth Activity Tracker is available upon request. Call eSuite.ca Technical Support at 416-853-1000.
Web mail access;
2 megabytes of personal webspace;
1 dynamic IP address;
Network based anti-spam filtering;
Network based Virus scanning of emails
3 email accounts, the email package described below.
Modem rental included in the monthly fee. All taxes are extra.

EMAIL SERVICES
You are provided with eSuite Mail which includes up to 5 email addresses (one parent address with 2 gigabytes of storage space and up to 4 additional addresses with 250 megabytes of storage space per address).

Included eSuite Internet Service Technical Support:
The Service will include general technical support, 9am to 8pm M-F and 9am - 5pm Saturday, Closed Sunday.

Questions and problems arising from the installation, operation and use of the hardware, other than in relation to the basic connectivity to the Service through supported browsers and supported email software on systems meeting the minimum system requirements, are outside the scope of eSuite.ca Internet Service Technical Support and any such out-of-scope support will be provided only in Your Service Provider's sole discretion. From time to time, Your Service Provider may refer you to third parties and third party websites, including without limitation for training, support, maintenance, hardware and software. You understand and agree that all such references are provided as a courtesy only, are without guarantee, are used at your sole risk, and that Your Service Provider shall not be liable for, and hereby disclaims all liability for, such referrals, third parties and their websites, products and services and any damages arising there from.

You may be eligible to receive, at extra cost, additional telephone technical support in regards to additional applications not supported through the included eSuite.ca Internet Service Technical Support.

Service Availability. The Service is only available for use in Ontario where specific technology has been deployed to transmit to your apartment or condominium complex. One (1) Service connection per residential address is permitted. Due to the nature of the Service technology, Your Service Provider reserves the right to deem the Service unavailable to you up to, including, and after the installation. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, even where such unavailability occurs after installation of the Service.
Minimum System Requirements and Your Equipment. It is your responsibility to ensure that your computer system meets the current minimum system requirements made available to you by Your Service Provider and indicated at www.esuite.ca/minreq as being necessary to use the Service. From time to time, the minimum system requirements may change, and you will be duly notified of any such change in accordance with Section 10 of this Service Agreement. Accordingly, unless you update your computer equipment, it may cease to be adequate to access the Service. In such event, your sole remedy will be to terminate this Service Agreement, in accordance with Section 4 hereof.
Software and Documentation Supplied. No software is supplied with this agreement.
Changes; Amendments. To the extent permitted by applicable law, Your Service Provider may modify the Service, this Service Agreement, or any other document that forms part thereof, at any time and from time to time, with or without your consent or authorization, including but not limited to modification or amendment of Service Fees or any Service feature. Your Service Provider will notify you of any amendment or change to this Service Agreement or of any material change to the Service in advance by posting notice of such change at www.agreements.esuite.ca, by sending you notice via email to your esuite.ca parent email address or by using any other notice method that will likely come to your attention. You agree to go to www.agreements.esuite.ca periodically and to review this Service Agreement to be aware of such modifications. Nothing in this Service Agreement shall be construed as obligating you to accept receipt of the Service after any change is made to the Service or this Service Agreement; however, your sole remedy in the event that you do not wish to accept such change shall be cancellation of the Service (and termination of this Service Agreement) including the payment of any Termination Charges or other charges that may apply.

Should you continue to use the Service after such change is effective, to the extent permitted by applicable law, such use shall be deemed to be your acceptance thereto and you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change.

Your Service Provider may, in its sole discretion and without your consent, migrate you to other networks and platforms or change its suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, Your Service Provider may effect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of the Service and other deliverables provided to you hereunder, to ensure continuity of the Service and the integrity of Your Service Provider’s network, and/or to comply, as necessary, with manufacturers’ requirements. You expressly agree that any such migration or change does not constitute amendment or material change to this Service Agreement or to the Service.

You agree that you cannot change this Service Agreement and that no customer service representative or sales representative of Your Service Provider is authorized to vary the terms of this Service Agreement in any way, verbally or in writing, unless specifically instructed by Your Service Provider.

Installation Appointments. In no event will Your Service Provider be responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for the Service is missed, either by Your Service Provider or by any third party installer.

It is your responsibility to create data backups before the installation. Your Service Provider or its agents will not be held responsible for any loss of data.

Performance Levels. To the extent permitted by applicable law, Your Service Provider does not guarantee or warrant the performance of the Service. Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such Your Service Provider does not guarantee the maximum Service performance (throughput speeds) levels. You understand that any content that you may access through the Service may be subject to "caching" at intermediate locations on the Internet. Similarly, simultaneous use of high bandwidth applications (example, streaming media) by one or more (example, home networking) users may result in an experience that is slower when compared to a single application used by a single user.
Security and Privacy. Your Service Provider will not be responsible for any corrupted files or viruses which affect you or the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate cancellation of your Service.

Your Service Provider cannot ensure or guarantee the privacy of any information you choose to transmit through use of the Service. Any such use shall be at your sole risk and Your Service Provider, its affiliates and its agents shall be relieved from all liability in connection therewith. IP Address / Email Address / Host Name. Any IP address, email address, or host name assigned to you by Your Service Provider is the property of Your Service Provider at all times, and may be changed or withdrawn at any time in the sole discretion of Your Service Provider. IP addresses will change daily each time your system is powered off, or any time at the discretion of Your Service Provider without prior notice to you. Your Service Provider assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP addressing, email addressing or host name.

Contact Information. If you have any questions regarding Your Service Provider or the terms and conditions of this Service Agreement, you may contact Internet Access Solutions Ltd, esuite Services 1 Greensboro Drive, Suite 303 Toronto Ontario M9W 1C8 Telephone 416-853-1000.
User Information; Other Information. Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Your Service Provider has no obligation to monitor the Service. However, you agree that Your Service Provider reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request from any applicable jurisdiction, or as necessary to operate the Service or to protect itself or others.

You hereby acknowledge that Your Service Provider and its affiliates may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used to provide you with better service.

Your Service Provider may send you Service related information on a regular basis via email addressed to your eSuite.ca parent email address. You agree to review and to familiarize yourself with all such Service related information, and Your Service Provider is not liable for any damage or detriment to you or your property resulting from your failure to do so. Your continued use of the Service following delivery of any such Service related information means that you accept and agree to comply with such information.

No Liability for Content. Be aware that some content, products or services (the "Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that neither Your Service Provider nor any of its affiliates attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Your Service Provider and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
You Can Best Control the Risk and Therefore Are Responsible. The rates and fees charged by Your Service Provider reflect the allocation of risk herein and the limited recourse to Your Service Provider provided for in this Service Agreement. Your Service Provider will not assume any responsibility for your acts or omissions or those of any individual who uses your Account with or without your knowledge or consent, including without limitation responsibility for any charges you incur when making purchases or conducting other transactions with the Service. As between Your Service Provider and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your Account. Account and password protection shall be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the cancellation of the Service.
The Service Modem. A modem or a Wireless Home Networking modem/router (collectively, the "Service Modem") is required for use of the Service. If a Service Modem is rented to you by Your Service Provider, separate and additional Service Modem fees, as described to you prior to such rental, may apply (the "Service Modem Fees").

Unless otherwise explicitly stated, the Service Modem and associated cables will always remain the property of Your Service Provider. As such, if the Service is cancelled for any reason, the Service Modem, together with any other hardware delivered to you, must be returned by calling 416-853-1000 to make arrangements to have the Service Modem and other hardware returned to Your Service Provider. It is recommended that you return the Service Modem and associated cables and hardware via Canada Post or courier. You will need to maintain your receipt from Canada Post or the courier as proof of return (and Your Service Provider may request such proof of return). If the Service Modem is not received within thirty (30) days of your date of cancellation of the Service, an additional non-return fee of $99.00 or such other amount identified to you by Your Service Provider (the "Non-Return Fee") will apply.

If a Service Modem has been provided to you by Your Service Provider, you agree to use and maintain such Service Modem, and all other hardware and software delivered to you, in compliance with the applicable operating instructions provided by Your Service Provider, its agents and/or suppliers, as applicable. You also agree to return such materials, at your own risk, in good repair and working order. In the event that such materials are not in good repair and working order upon their return, subject to reasonable wear and tear, you will be charged an amount equal to the cost incurred by Your Service Provider in repairing or replacing such materials. Until returned to and received by Your Service Provider, you bear the entire risk of theft of, damage to or destruction of these materials. All of your obligations in respect of the Service Modem, and all other hardware and software delivered to you, will survive the expiration or termination of this Service Agreement to the extent required for their full observance and performance.

Limited Warranty. To the extent permitted by applicable law, the Service, Service Modem and any software or other deliverables provided by Your Service Provider, its agents and/or suppliers hereunder are provided "as is" and "as available" without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Your Service Provider (the "Third Party Equipment and Services"). Your Service Provider disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither Your Service Provider 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 you. Further, neither Your Service Provider nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to you 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 your Account, the Service, any of your computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to "caching" at intermediate locations on the Internet when being accessed through the Service.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER SERVICES AND DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
Limitation of Liability. In the event of any breach by Your Service Provider, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Your Service Provider payment for actual and direct damages to a maximum amount of one hundred dollars ($100.00). Other than the foregoing remedy, under no circumstances shall Your Service Provider, its affiliates or its agents be liable to you or any third party for:

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 you or any other person through your Account, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or
any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.

Without limiting the generality of the foregoing, Your Service Provider, 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 Your Service Provider does not directly serve;
defamation or copyright infringement arising from material transmitted or received over Your Service Provider's or its affiliates facilities; or
infringement of patents arising from combining or using customer-provided facilities with Your Service Provider's or its affiliates' facilities.

Jurisdiction; Severability. Your Service Provider shall be governed by applicable federal laws and regulations of Canada and only those provincial laws and regulations that are applicable to it. The terms and conditions of this Service Agreement are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Service Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. Certain elements of the Service may be provided to you by third party service providers located outside of Canada and as such your use of the Service may be subject to the laws of foreign jurisdictions.
Email Anti-Spam/Anti-Virus. Your service provider will block all mail coming from known SPAM servers and eMails will be scanned for known viruses.. The accuracy of the performance of the Anti-Spam Service and Anti-Virus service is not guaranteed by the Service Provider. THE ANTI-SPAM AND ANTI-VIRUS SERVICE PROVIDED HERE UNDER IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF SUCH PURPOSE) WITH RESPECT TO THE ANTI-SPAM ANTI-VIRUS SERVICE.
Miscellaneous. Your Service Provider may assign its rights and obligations under this Service Agreement to any affiliated entity without your prior written consent. You may not assign or transfer this Service Agreement. In no event shall Your Service Provider be liable for any failure to comply with this Service Agreement if such failure results from any condition or event beyond the reasonable control of Your Service Provider, including, but not limited to, terrorism, hacking, security breach, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

The parties have required that this Service Agreement and all documents relating thereto to 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.

eSuite Internet Services - Acceptable Use Policy

Introduction

Internet Access Solutions Ltd and eSuite products ("Your Service Provider") is committed to being a responsible network citizen. To assist Your Service Provider in protecting the usefulness and enjoyment of the Internet, you agree to abide by the terms of this Acceptable Use Policy (the "AUP"). Any violation of this AUP will constitute a violation of the terms of your Service Agreement and may result in the termination of such Service Agreement and/or suspension of your Service thereunder.

If you have any questions about this AUP, do not hesitate to contact Your Service Provider.

For the purposes of this AUP, "Internet host" means any computer or electronic device connected to the Internet. Terms not otherwise defined in this AUP will have the meanings set out in the Service Agreement.

General

Your Service is solely for your personal and non-commercial use; without limitation, you may not use the Service or any equipment provided in connection with the Service for operation of an Internet service provider’s business or for any other non-residential purpose.

Harassing or abusive language or actions, whether verbal, written or otherwise, of Your Service Provider’s employees, suppliers, agents and representatives is strictly prohibited and will not be tolerated.

You are prohibited from using the Service for activities that include, but are not limited to:

Transmitting unsolicited messages which, in the sole judgement of Your Service Provider, cause significant disruption or elicit complaints from other Internet users.
Restricting or inhibiting any other user from using or enjoying the Internet, impairing the operations or efficiency of the Service or creating an unusually large burden on our networks.
Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others.
Impersonating other eSuite.ca subscribers or other Internet service providers’ subscribers in any way.
Uploading or downloading, transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to information, software, files or other material which (i) are protected by copyright or other intellectual property rights, without prior authorization form the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; or (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing.
Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file.
Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist users in defeating copy-protection, registration and any other anti-theft mechanisms associated with commercial or shareware programs.
Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information designed to assist in the fraudulent use of telecommunications services.
Using an Internet host's resources in a manner which is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort.
Posting or transmitting any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component.
Transmitting, posting, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any program or information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability.
Violating or breaching any applicable laws and/or regulations.

Electronic Mail

The eSuite.ca Mail service, as further described in your Service Agreement, is for your personal and non-commercial use. You may not sublicense, distribute, transfer, or sell the esuite.ca Mail service or any portion thereof.

You agree to use the eSuite.ca Mail service only to send and receive messages and material that are proper. In addition to the general terms set out above, and by way of example, and not as a limitation, you agree that when using the ESuite.ca Mail service, you will not :

Use such service in connection with pyramid schemes, spamming or any unsolicited messages (commercial or otherwise).
Restrict or inhibit any other user from using or enjoying such service.
Create a false identity for the purpose of misleading others or forge the headers of your email messages in any way.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such service or other user or usage information or any portion thereof.
Promote or facilitate the transmission of unsolicited email messages.
Attach an excessively long signature to your messages.
Send messages to disrupt or cause difficulties in receiving other email.

In the event that you maintain one or more bulk "opt-in" email lists, you must have a method of confirmation of subscriptions and be able to provide such information when requested by Your Service Provider. At the discretion of Your Service Provider, if no such evidence is available, such bulk emailings may be considered as unsolicited.

Your Service Provider reserves the right, in its sole discretion, to set an upper limit on the number of recipients of customer initiated email, the number of subscribers on a customer's bulk "opt-in" email lists, and the number of messages a customer may send or receive through the eSuite.ca Mail service.

Neither Your Service Provider nor any of its suppliers has any obligation to monitor the eSuite.ca Mail service. However, Your Service Provider and its suppliers reserve the right to review materials sent through such service, and to remove any materials in their sole discretion. Your Service Provider, in its sole discretion, may terminate your access to the ESuite.ca Mail service at any time, without notice.

Your Service Provider and its suppliers reserve the right at all times to disclose any information as they, in their sole discretion, deem necessary to satisfy any applicable law, regulation, legal process or governmental request. Your Service Provider and its suppliers further reserve the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.

Newsgroups / Discussion Forums
In addition to the general terms set out above, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:

Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ of the applicable newsgroup or discussion forum.
Posting substantially identical messages to more than 10 newsgroups.
Attaching an excessively long signature to your messages.
Forging the headers of your postings in any way.

Newsgroup and forum postings must comply with each newsgroup’s or discussion forum’s respective charter or FAQ.

Internet Relay Chat ("IRC")/Chat

In addition to the general terms set out above, while using IRC or any other chat service, you are prohibited from conducting activities that include, but are not limited to:

Sending messages that include advertisements or commercial content of any kind in an unsolicited matter.
Attempting a Denial of Service attack either automated via a bot or manually conducted.

Additionally, while using an IRC Server or any other chat service, you must be in full compliance with the rules and regulations set out by the server administrator.

Network / Security

In addition to the general terms set out above, you are prohibited from using the Service for activities that include, but are not limited to:

Sharing of your service to other users in the complex by whatever means.
Causing an Internet host to become unable to effectively service requests from other hosts.
Running and/or hosting server applications including but not limited to HTTP, FTP, POP, SMTP, Proxy/SOCKS, and NNTP.
Analyzing or penetrating an Internet host's security mechanisms.
Forging any part of the TCP/IP packet headers in any way.
Committing any act which may compromise the security of your Internet host in any way.

As further set out in your Service Agreement, you are solely responsible for the security of your system and Account. Your Service Provider will offer full co-operation with law enforcement agencies in connection with any investigation arising from a breach of this AUP.

In the event that numerous complaints are received by our staff in regards to any breaches of this AUP, at the discretion of Your Service Provider, a processing fee per complaint received, in addition to an administration fee, may be applied to your Account.