For the purpose of this agreement:
"Client" means a Person who has:
1. Requested or been furnished with the Services or other communication services from or by Bruce Telecom or their employees or agents.
2. Obtained installation, of any other form of service or equipment from Bruce Telecom or their employees, agents or dealers.
By purchasing Bruce Telecom Access Service/Accessing Bruce Telecom Home Page you agree to be bound by the conditions listed below:
1. Conditions: You may not:
* Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Bruce Telecom Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Bruce Telecom Site or the Internet;
* Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
* Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Bruce Telecom Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
USE BY CLIENT OF INTERNET
The client shall be responsible for their access to the internet and ensure that no unauthorized use is made through the connection provided by Bruce Telecom. If the customer chooses to use long distance number to access the Internet by changing dialup parameters, customer is responsible of any long distance charge that are incurred.
COMPLIANCE WITH LAWS
Where the Client accesses other networks through the Internet connection provided by Bruce Telecom hereunder, the Client agrees to comply with the rules of such networks. The Client also agrees to use the Internet only for lawful purposes. The transmission of any material in violation of any provincial or federal legislation is strictly prohibited.
CRTC
Not withstanding anything to the contrary herein contained, Bruce Telecom may also terminate provision of service to the Client and the agreement without notice to the Client if the performance of this agreement would result in non-compliance with any applicable statue or regulations or the regulations or requirements of the CRTC or other regulatory authority having jurisdiction.
ELECTRONIC MONITORING
Bruce Telecom has the right to monitor the Bruce Telecom Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Bruce Telecom Site properly, or to protect itself or its subscribers. Bruce Telecom will not intentionally monitor or disclose any private electronic-mail message unless required by law. Bruce Telecom reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
PRIVACY
Bruce Telecom cannot insure or guarantee privacy for Bruce Telecom users. It is therefore recommended that this service not be used for the transmission of confidential information. Any transmission of confidential information shall be at the sole risk of the user, and Bruce Telecom its affiliate and related companies shall be relieved of all liability in connection therewith.
FINANCIAL TRANSACTIONS OVER THE INTERNET
When making purchases or other transactions through the Bruce Telecom Site or the Internet, you may be asked by the merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Bruce Telecom Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Bruce Telecom Site. Bruce Telecom is in no way responsible for any charges you or any user of your account incurs when making purchases or other Financial transactions in this manner.
LIMITATION OF LIABILITY
Bruce Telecom takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Bruce Telecom Site. Further, Bruce Telecom makes no representations about the suitability of any of the information contained in the documents and related graphics on the Bruce Telecom Site for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall Bruce Telecom be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service, including but not limited to damages which might arise as a result of any viruses or other disruptive or destructive programs which you might receive from using the service.
RECOURSE
If you are dissatisfied with the Bruce Telecom Site or with any terms, conditions, rules, policies, guidelines, or practices of Bruce Telecom in operating the Bruce Telecom Site, your sole and exclusive remedy is to discontinue using the Bruce Telecom Site.
INDEMNITY
You agree to defend, indemnify and hold Bruce Telecom harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Bruce Telecom Site or the Internet or the placement or transmission of any message, information, software or other materials on the Bruce Telecom Site or on the Internet by you or users of your account.
COPYRIGHTS/TRADEMARKS
Bruce Telecom (tm) and logo identifying Bruce Telecom products and services referenced herein are trademarks of Bruce Telecom. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.
"Copyright may exist in works published on the Internet. You agree to respect the rights of a copyright holder and will obtain such consents where applicable for the use of any material published on the Internet".
TERRITORY
The Bruce Telecom Site originates in Grey Bruce, Counties, Canada.
TERM AND TERMINATION
The Term of the agreement is when either party terminates the same, upon thirty (30) day written or electronic notice. Bruce Telecom reserves the right to immediately suspend or terminate the Customer's service due to any breach of this agreement.
You agree to abide by the terms of the "Bruce Telecom acceptable use policy" regarding internet usage as posted on the Bruce Telecom site as amended from time to time.
FORCE MAJEURE
Performance by Bruce Telecom hereunder may be delayed by any cause beyond its reasonable control.
MISCELLANEOUS
Bruce Telecom's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up on English.
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