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Caneris Inc. Terms and Conditions of Service (Customer Agreement)
  1. Definitions
    • "We", "us", or "our" means Caneris Inc. and its affiliates and subsidiaries.
    • "You" or "your" means the current and/or potential customer (individual or corporation) who subscribers to our services or purchases products, and/or the customer's employees, officers, directors, agents, representatives, and end users, and every person authorized to act as the customer's agent
    • "Agreement" or "Terms" means this document, our agreement with you
    • "Service" or "Services" means any service generally sold by us and which you receive from us
    • "Equipment" means any device, equipment or hardware used to access the Services or used in conjunction with the Services
    • "Identifier", "Identifiers" means any telephone number, Internet Protocol (IP) address, e-mail address, web hosting address, host name, account number, user name, or similar identifier assigned to you by us
  2. General
    1. This Agreement applies to all Services obtained by you from us and is effective from the time that you agree to it by either placing an online or telephone order, until such time as it is terminated in accordance with provisions herein.
    2. In order to obtain a subscription to a Service you must be of the age of majority according to laws of the Province or Territory of Canada applicable to the Terms and by agreeing to the Terms you represent that you are of the age of majority according to such applicable laws.
    3. You are solely responsible for all access to and use of the Services, including by any of your employees, officers, directors, agents, as well as your end users, including any breach of the Terms. You agree to take all necessary measures to ensure that such persons use the Services in accordance with this Agreement. Your use of the Services means that you agree with the terms and conditions of the Agreement. If you do not agree with any part of this Agreement, your sole and exclusive remedy is to terminate this Agreement in accordance with termination provisions provided in it.
    4. Our Privacy Policy, found at http://www.caneris.com/Privacy and modified from time to time, governs the collection, use, and disclosure of Personal Information (as defined therein), and forms a binding part of this Agreement.
    5. You agree to provide all necessary infrastructure, including without limitation, power outlets, grounding and anti static environments required for the safe and efficient operation and maintenance of equipment provided by us and equipment provided by you or a third party in accordance with Canadian Standards Association specifications or other specifications or regulations as applicable
    6. You shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by us
    7. You agree not to tamper with, alter or otherwise rearrange the Services nor permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or our network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
    8. As a condition of using each Service you agree to and must comply with the Agreement. The Agreement constitutes a binding contract between you and us with respect to the provision of each Service to which you subscribe by us and is binding on both you and us.
    9. You agree to comply with (i) the Internet Use Policy set forth herein, which policy may be amended by us from time to time; to the extent you are receiving an Internet based service, and (ii) any third party software license terms and conditions in respect of software used by you in connection with the use of the Services.
    10. You are solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by us. We shall not be responsible if any changes in the Services cause equipment, hardware or software not provided by us to become obsolete, require modification or attention, or otherwise affect performance of same.
    11. The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario.
    12. You and we understand that the Canadian Radio-television and Telecommunications Commission, or other regulators, government departments or agencies may impose regulations on our Services. If new regulations are imposed on us, we are authorized to make changes to the Agreement to reflect the new regulations, and we will post such changes on our website. We retain the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.
    13. We may, in our sole discretion and without your consent, migrate your Services to other networks and platforms or change our suppliers, as and when it becomes necessary. Without limiting the generality of the foregoing, we may effect such a migration or change in suppliers in order to maintain, upgrade or enhance the performance of any Service and other deliverables provided to you hereunder, to ensure continuity of such Service and the integrity of our 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 the Agreement or to the Services.
    14. Our failure to enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.
    15. We may assign our rights and obligations under the Agreement without your consent. You may not assign or transfer the Agreement without our prior consent.
    16. You shall not in any way resell, license or allow any third party to use Services without receiving our prior written consent. You may not share or transfer your Services without our express written consent.
    17. The Agreement, as amended from time to time, constitutes the entire agreement and understanding between you and us for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter.
    18. We may change, at any time, any charges, features, content, structure or any other aspects of the Services, as well as any term or provision of the Agreement, upon notice to you, such notice to be provided via the Announcements section in the customer portal 30 days in advance. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Agreement, as provided herein.
    19. In no event shall we be liable for any failure to comply with the Agreement if such failure results from any condition or event beyond our reasonable control, including, but not limited to, computer hacking, security breach, fire, flood, earthquake, any elements of nature, theft, riot, strike or other labour disturbance, power failure, war or terrorism.
    20. Neither the course of conduct between us nor trade practice modifies any provision of the Agreement.
    21. If any provision in the 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.
    22. The provisions of those sections of the Agreement that are, by their nature intended to survive termination of the Agreement, shall survive such termination. For example, and without limitation, those relating to the our rights to collect amounts owing at the time of Termination of the Agreement, your obligation to return Equipment belonging to us upon termination of the Agreement, no warranties, limitations of liability (including without limitation, all such bolded provisions throughout the Agreement), indemnities (including without limitation, all such bolded provisions throughout the Agreement), Privacy Policy, termination and consequences of termination of the Agreement, entire agreement, severability, waiver, no modification of Agreement through course of conduct, enurement, assignment and restrictions thereon, survival, language, governing law, provisions relating to the limitations of 911 service and limitations of liability for 911 service, and definitions and provisions relating to the interpretation of the Agreement relevant to any of the other provisions that survive the termination of the Agreement.
    23. The Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on our respective successors and assigns.
    24. The parties have required that the Agreement and all documents relating thereto to be drawn up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s'y rattachent soient rediges en anglais.
  3. Emergency services - important differences and limitations on Caneris Inc. 911 calls
    1. 911 services provided by Caneris (VoIP) Services have important differences and limitations compared to basic 911 or enhanced 911 (E911) service available in most locations in conjunction with traditional telephone service.
    2. Unlike with basic 911 or E911, your call is not routed directly to the nearest emergency response centre, your telephone number and location is not automatically provided to the 911 operator, and the operator is not able to prevent you from hanging up.
    3. With our Service, 911 calls are sent to a national emergency response centre. If you make a 911 call using our Services, you must be prepared to provide or confirm your location information and call-back number, prior to being transferred to the emergency response centre nearest to your location.
    4. You must keep your location information registered and current with us at all times. If you are not able to speak during the 911 call, emergency response may be dispatched to your last registered 911 address. 911 address registration and updates may be performed via the customer portal.
    5. Do not hang up unless told to do so and if disconnected, dial 911 again.
    6. You must update your 911 address each time you activate or change Service, move your equipment, or add, change, remove, port-in, or port-out a telephone number. 911 address registration and updates may be performed via the customer portal.
    7. 911 may not be available during a power outage, will not be available during an Internet service outage (whether the Internet service is provided by us or not), and will not work if your Service is disconnected or suspended or your Internet service (whether provided by us or not) is suspended or disconnected.
    8. In order to reduce the probability of 911 unavailability during a power outage, you agree to connect all equipment through an uninterruptible power supply ("UPS") provided by you and to regularly replace the rechargable battery inside the UPS.
    9. Following a power outage, you may need to restart or reconfigure your equipment prior to using the Service, including 911 calling.
    10. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 call made using our Services as compared to 911 over traditional phone service.
    11. Should you operate your Service outside the boundaries of the local telephone exchange associated with the telephone number assigned to you, and/or outside the municipal address registered with us for you, either temporarily or permanently, 911 service and/or emergency 911 will not be available. Should you operate your Service with a telephone number other than the one assigned for your Service, either temporarily or permanently, 911 service and/or emergency 911 may not be available.
    12. Should you not properly install equipment provided by or through us or maintain its proper installation configuration where a self-installation option is permitted or should you tamper with the equipment or the installation of any of the equipment provided by or through us to deliver VoIP or High-Speed Internet Services, your 911 service and/or emergency 911 may not be available.
    13. Immediately following installation of your equipment and following every power outage, or if you have reason to believe that anyone has tampered with your equipment or that it has failed, you should make a call to a non-911 number using your Service. You are responsible for contacting our technical support if you suspect trouble with the Service.
    14. We do not offer an operator service, so emergency services cannot be accessed by dialing "0".
    15. You agree not to use the Services outside Canada.
    16. If you are not comfortable with the limitations of 911 calls over our Services, you should have an alternate means of accessing traditional 911 or E911 or should discontinue using our Services.
    17. You agree that you have understood all of the 911 limitations of Services and that you will make all other potential users of your Services aware of these limitations.
    18. We do not have any control over whether, or the manner in which, 911 calls using our Services are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither us nor our officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 calls over our Services unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Caneris Inc, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of Services, including 911 calling, incorrectly routed 911 calls, and/or the inability of any user of Services to be able to make 911 calls or access emergency service personnel.
    19. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, UNDERLYING CARRIERS AND AFFILIATED PARTNERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OF 911 SERVICE AND/OR EMERGENCY 911 BY US, INCLUDING WITHOUT LIMITATION ANY INABILITY ON YOUR PART TO ACCESS 911 SERVICE AND/OR EMERGENCY 911 IN THE EVENT OF A SERVICE DISRUPTION FOR ANY REASON WHATSOEVER.
    20. If you do not agree with anything related to 911 calling, or with the Agreement, do not subscribe to our Services or terminate Services immediately if they are active, in accordance with the termination provisions of this Agreement.
  4. Equipment
    1. In order to obtain certain services, including but not limited to DSL and VoIP, you may have to purchase or lease certain additional Equipment and/or obtain additional services from one or more other telecommunications service providers.
    2. Self-installation of Equipment is not allowed for certain Services and use of Equipment other than that provided by us is not allowed for certain Services. We assume no liability for any damage or losses caused if you choose to self-install.
    3. Where self-installation is allowed, for any equipment or software provided by you or a third party, you shall arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure at all times that such equipment or software is stored, installed, used, and maintained according to the manufacturer's specifications and our specifications.
    4. We may either lend at no charge equipment for testing and diagnostic purposes or may provide for your use equipment to rent. All such equipment remains our property at all times and must be returned to us at your expense when requested by us.
    5. You are responsible for the loss of and risk or damage to equipment owned by us to the maximum extent permitted by law. You must take all reasonable care with the equipment.
    6. You may not sell, lease, mortgage, transfer, assign or encumber any equipment owned by us.
    7. You may not re-configure or re-located any equipment owned by us without our knowledge and consent.
    8. Equipment and related Software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (for example, 911 calling). Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and Software as necessary to meet such requirements, and you may not be entitled to support from us if you fail to do so. If you do not update your Equipment and Software as required, your Service may also cease to be accessible, in which case your sole and exclusive remedy is to stop using the Service and terminate it in accordance with termination provisions in this Agreement.
    9. Equipment must be returned in the same condition in which it was provided. You may not return unclean or damaged equipment. Without limiting the generality of the foregoing, damaged equipment includes that which is stained, scratched, painted, insect-infested, burned, cracked, missing parts, and/or otherwise damaged or non-operational, as determined solely by us.
  5. Missed Installation Appointments Unless otherwise specifically set out in the Agreement, to the maximum extent permitted by applicable law, neither Caneris Inc. nor its affiliates, subsidiaries, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) will be liable to you or to any third party for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for a Service is missed, either by us or by any third party installer.
  6. Telephone / phone / VoIP services
    1. You acknowledge that all VoIP services require Internet access (whether provided by us or not) having certain characteristics.
    2. Should your Services include a requirement for Local Number Portability or equal access, your entry into the Agreement also authorizes us, directly or through our third-party telecommunications service providers, to port the requested telephone number(s) from your existing local and/or long distance service provider(s), onto our local and/or long distance network.
    3. You may not use the Services
      1. to operate a call centre or collection agency
      2. for auto-dialers, continuous or extensive call forwarding, fax or voicemail broadcasting, telemarketing or mass solicitations, continuous call conferencing, spamming
      3. as a method for signaling remote parties. Calls must be presented to our network with the intent of establishing a bona-fide voice connection.
      4. to call premium rate, non-geographic, or similar number ranges
      5. to originate calls from payphones to our toll-free numbers
      6. for any other purpose contrary to applicable laws and/or CRTC regulations
    4. If applicable, you will configure your equipment in such a manner that it passes accurate and valid Caller ID/ANI information corresponding to you or your end users. The supplied information passed by us must not cause confusion or distress to any person or party nor shall it be used for fraudulent purposes and be in compliance with all applicable laws. Additionally, you may not transmit a Caller ID that is linked to a revenue sharing or Premium number.
    5. Any flat-rate plans (may be referred to as "unlimited") for use with local DIDs in Canada and USA are intended for residential use only and include the use of two simultaneous channels and a maximum of 3000 inbound minutes per month.
    6. At our sole discretion, charges may apply to port out numbers
    7. All usage billing is on a per-minute basis
    8. N11 services may not be available, including 211, 311, 411, 511, 711, 811
    9. Caller ID support may not be complete, in particular, caller name may not be available on inbound calls, and caller number and/or name may not be transmitted on originated calls for some or all destinations at some or all times
  7. Shared hosting, DNS hosting, VPS, and dedicated servers
    1. We shall not be responsible for the individual back-up of any of your data residing on any of our equipment and/or network. You are fully responsible for the independent back-up of your own data that is stored on our equipment and/or network.
    2. Furthermore, we reserve the right to delete all data, files or other information that is stored in your account if your services are terminated, for any reason, by either us or you.
  8. Co-location Services
    1. In this section, Premises means any premises made available by us for the purposes of providing co-location services, and which may be owned by us or by third party providers.
    2. We grant you permission to occupy the space designated by us on an "as is, where is" basis for the sole purpose of maintaining and operating your equipment, whether owned, licensed or leased by you. We shall provide electrical power, network connectivity, cooling and housing for your equipment.
    3. You will maintain at your own expense a (i) Comprehensive General Liability insurance policy naming Caneris Inc. as an additional insured, in the amount of one million dollars per occurence for bodily injury or property damage; (ii) property damage insurance for the full replacement cost of your equipment and any data contained therein; and (iii) Workers Compensation coverage for an amount no less than that required by statutory limits. The risk of loss or damage to your equipment and data at the Premises will at all times remain with you.
    4. You will be fully responsible for the configuration, set-up, and on-going maintenance of your equipment at the Premises.
    5. We will have unrestricted access to your equipment at all times to perform maintenance of any kind to any part of the network connected to your equipment or the Premises. We will provide you with 48 hours notice for scheduled maintenance and if we need to do any unscheduled maintenance, we will provide you with as much notice as reasonably possible, which may be none in an emergency.
    6. We will use reasonable endeavors to minimize any interruption to your services. Except for emergencies, on 48 hours notice, we may upgrade, replace, or remove any equipment or facility that your equipment is connected to.
    7. Without limiting the exclusions from liability under this Agreement, we assume no liability whatsoever for any damage of any kind to any of your equipment or data when we, at your request, are asked to login to your equipment for any purpose, or open any of your equipment for any purpose, including but not limited to replacement of cards, memory, power supplies and/or disk drives or other components within a system. We shall not be responsible for the individual back-up of any of your data residing on any of our equipment and/or network. You are fully responsible for the independent back-up of your own data that is stored on our equipment and/or network.
    8. We may at any time request that you relocate your equipment to another area of the Premises. In the event that you do not relocate your equipment to the new area designated for you by us within 30 days of our request, we may, without further notice, relocate your equipment and charge you the costs incurred to effect such relocation. We will use reasonable endeavors to minimize any interruption to the services attributable to the relocation.
    9. You shall not touch or interfere with any equipment including network cabling, network devices, power cabling, heating or cooling devices, or any other aspect of the facilities at the Premises other than your equipment. You shall not eat, drink, bring in liquids of any kind, smoke, make noise, interfere with, disrupt, our or any other subcriber's equipment or network. You will ensure that any security door or access point you pass through while entering or leaving the Premises will be closed and locked after you have passed through such access point. You accept all liability for the actions of any person who enters the Premises either using your pass-code or key, or due to your failure to secure an access point or security door. You agree that no unauthorized persons will enter the Premises with your pass-code or key without being under your direct supervision. We may suspend or deny access to the Premises to you or any individual for any violation of any part of this Agreement.
    10. You may be required to provide proof of identification prior to being issued keys or access codes to the Premises.
    11. You understand that the Premises are monitored and video recorded by us or third-parties for our protection and for the protection of our subscribers.
    12. In case of termination of this Agreement as provided in it, you will remove your equipment from the Premises by the termination effective date and if you have not removed your equipment by such time, we may, in addition to any other remedies provided for in this Agreement, remove your equipment without notice and charge you a storage fee of one hundred dollars per month ($100/month) for each and every month your equipment is being stored on the Premises or at other locations under our control or that of third-party providers. Furthermore, we reserve the right to delete all data, files or other information that is stored in your account if your services are terminated, for any reason, by either us or you.
    13. In case of non-payment, in addition to any other remedies provided for in this Agreement, we may (i) suspend or deny you access to the Premises; and/or (ii) withhold access to your equipment and data; and/or (iv) enforce our lien rights to sell or otherwise dispose of your equipment in accordance with applicable laws.
    14. You are solely responsible for knowledge of any and adherence to any and all laws, statutes, rules and regulations pertaining to your use of any Services.
  9. DSL (High-Speed Internet) services
    1. DSL services are available only at locations determined by us. A telephone number or an address which qualifies for DSL service should not be interpreted as having a guarantee for service. There are various technical parameters which may not allow the line to be provisioned with high speed access. Service provisioning activities may uncover specific types of electronics, switching features or physical copper degradations on the telephone line which are incompatible or are not supported with DSL service. We will notify you if such an incompatibility is discovered. In some cases, lack of certain facilities at a particular time may also prevent service activation. In some cases these degradations or lack of facilities are not discovered until the time of installation. An appropriate refund for the first month's service is provided in such cases.
    2. The number of DSL lines at a particular location may be limited.
    3. All DSL services are provided up the service demarcation point and you are solely responsible for all premise wiring and customer premise equipment including all equipment and facilities neccessary to connect your facilities and equipment to those of the telephone company.
    4. The first month of service is never refunded unless service cannot be provided at a particular location. In particular, a refund is never provided in cases of premise wiring issues preventing installation or customers refusing to provide requested access to premises during the times indicating by us.
    5. Access speed/throughput is a function of many technical variables, some of which are not controlled by us. In particular, as we do not control the access network for services based on Bell Canada's Gateway Access Services (GAS), we cannot guarantee particular speeds at particular locations. Therefore, all DSL services are provided as "up to" a particular maximum speed. In case of any DSL trouble or poor performance, we will make all reasonable efforts to assist customers, within the limits of what we can control and the limitations of the technology, but we must be afforded a reasonable opportunity to perform troubleshooting.
    6. Any DSL trouble tickets opened on Bell's GAS where either trouble proves into customer premises or no trouble is found within Bell's network will result in a $87.70 DMC (Diagnostic and Maintenance Charge) from Bell which will be passed onto you.
    7. No credits are provided for any trouble with DSL service unless a DSL ticket is opened and trouble proves to Bell Canada's network, in which case credits may be provided at our sole discretion, calculated from the time that a DSL ticket was opened until the time that it was cleared.
    8. You agree to use the appropriate customer portal feature to request the following DSL service changes at least 14 days before their effective date: move, change of telephone number, change of telephone service provider or termination of the line on which DSL is active, and change of name on telephone line. You agree to pay all charges associated with these changes, as found on our web site and amended from time to time. No verbal, e-mail, or fax requests are accepted for these changes.
    9. DSL services are affected by Internet Traffic Management Practices (ITMPs) on Bell Canada's GAS.
    10. We or third-party telecommunications service providers used in the course of service delivery may impose usage limits on the Services. We and those other providers are entitled to enforce such limits. If you refuse to adhere to the limits, your Service(s) may be suspended, restricted, subjected to traffic shaping, or terminated, and/or extra charges may apply.
  10. Fees and Payments
    1. Charges for service commence at the time of order. Invoices are provided by e-mail to the billing e-mail address on the account, and are accessible via the customer portal as well.
    2. You agree to pay all charges to your account and these are due and payable in full from your invoice or statement date.
    3. Generally, services are prepaid and services will not activate until payment in full is made.
    4. The accepted payment methods may vary by service, customer type, pre-paid term length, and other factors, and may be modified by us from time to time.
    5. In the event we fail to bill you or underbill you for a charge, you will not be responsible for paying the previously unbilled or underbilled charge except where: (1) in the case of a recurring charge, you are correctly billed within a period of one year from the date the charge was incurred; or (2) in the case of a non-recurring charge, you are correctly billed within a period of 120 days from the date the charge was incurred. However, this time limitation does not apply if we have failed to bill you or underbilled you due to deception on your part.
    6. If you are paying by credit card, you authorize us to charge your credit card. If you are paying by credit card and are subscribing to services, you understand that:
      1. Your credit card will be charged on a recurring basis for all further charges as provided in this Agreement
      2. You agree to notify us of any changes in the credit card information at least 14 days prior to the next charge date
      3. The cardholder's name must be that of the account holder's
      4. You will ensure that sufficient credit is available on the credit card account to cover charges
      5. A $10 charge will be applied to your account if the credit card is declined or a transaction is reversed for any reason and we may require an alternate payment method to cover the charges
    7. If you are paying by bank withdrawal (Electronic Funds Transfer, or EFT), you understand that:
      1. You authorize us to withdraw funds from the bank account you specify as provided in this Agreement
      2. The bank account holder's name must be that of the account holder's
      3. You will notify us of any changes in the bank account information at least 14 days prior to the next withdrawal
      4. You will ensure that sufficient funds are available in the bank account to cover payments
      5. A $10 Non-Sufficient Funds charge will be applied to your account if there aren't sufficent funds on your bank account at the time of withdrawal
      6. Unless otherwise specifically set out in the Agreement, to the maximum extent permitted by applicable law, we will not be liable to you or to any third party for any claims, damages, losses or expenses, including without limitation bank NSF fees, in the event that a charge by us results in non-sufficient funds on your bank account.
  11. Identifiers
    1. All Identifiers remain our property at all times, and may be changed or withdrawn at any time at our sole discretion. IP addresses may change each time you restart a PPPoE session, or at any other time at our discretion.
    2. We assume no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in Identifier.
    3. Further, any IP addresses assigned to you by us will only be used for the Services and in accordance with the policies set forth by the American Registry of Internet Numbers (ARIN), which can be viewed at www.arin.net. Upon IP address reassignment or expiration, termination of Service(s), or termination of this Agreement, you are required to relinquish to us any IP addresses or address blocks previously assigned to you by us immediately. We reserve the right, without notice, to reclaim from you any assigned IP addresses that are not used within 60 days of their assignment by us to you.
  12. Access to premises You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services has been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable.
  13. Support and Contact
    1. Support and contact information is available as described at http://www.caneris.com/ContactUs and modified from time to time
    2. The level of support and the service offered is intended for customers with significant technical knowledge
    3. We may refuse support at our sole discretion when issues are out-of-scope for the Services in question. We may also provide out-of-scope support as a courtesy in some cases.
    4. You also understand and agree that we shall not be liable for and, you hereby disclaim any liability for, any advice or instructions provided or not provided when you contact us.
  14. Service limitations
    1. You understand that VoIP may not in all instances perform with the same degree of reliability or quality as equivalent traditional wireline telephone services.
    2. You acknowledge and understand that the Services or access to the Services, including 911, may not function correctly, or at all, in the following and other circumstances:
      1. If your Equipment fails, is not configured correctly or does not meet our requirements;
      2. In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
      3. In the event of a network outage or power failure;
      4. If you tamper with or, in some cases, move the Equipment; or
      5. Following suspension or termination of your Service(s).
  15. Warranty
    1. We do not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by you or your end users through the use of the Services. We shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services.
    2. The warranties provided in this Agreement are in lieu of all other warranties and conditions. You hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Services.
  16. Remedies
    1. CANERIS INC.'s AND THIRD PARTY PROVIDERS' TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.
    2. CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST CANERIS INC. IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.
  17. Termination and Suspension
    1. Except where otherwise stated, all services are pre-paid and billed in whole period (e.g. a month, a year, etc.) increments and are not pro-rated. Service continues indefinitely until terminated in accordance with the provisions of this Agreement.
    2. You may terminate any or all of your Services 14 days ahead of the renewal ("prepaid until") date by using the service termination features in the customer portal. If an e-mailed cancellation confirmation has not been received by you from us, containing a ticket number and confirmation of the cancellation date, it will be assumed that no cancellation took place. It is your responsibility to ensure that we've received your termination request and that it has been processed.
    3. Termination requests are not accepted verbally or via e-mail or fax
    4. Transfer (port-out) of a telephone number to another telecommunications service provider constitutes a termination of the correspondince Service(s) - charges may continue for one additional period if the port-out is done later than 14 days ahead of the service renewal ("prepaid until") date.
    5. We may terminate any or all of your Services by providing e-mail notice to the account's contact e-mail address no less than 14 days ahead of the renewal ("prepaid until") date for the Service(s).
    6. In addition to our right to terminate service as per the above section, we may restrict, block, suspend or terminate any or all of your Services, including 911 calling, or Identifiers, in any way, without notice or liability to you, if:
      1. You are in breach of the agreement, including non-payment of your charges or non-compliance with any policies;
      2. You exceed reasonable usage limits, as determined by us;
      3. You have provided us false, misleading, or outdated information;
      4. We reasonably suspect or determine that any of your Identifiers, Services, or Equipment is the subject of fraudlent, unlawful or improper usage or usage that adversely affects our operations or the use of our Services, facilities or networks by others;
      5. You harass, threaten or abuse us or our employees, contractors, agents, or other third-parties acting on our behalf;
      6. You fraudulently or improperly seek to avoid payment to us;
      7. You refuse to return property owned by us;
      8. Any account or service on which your Service(s) depend is suspended or terminated for any reason;
      9. We need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment, or our facilities or networks; or
      10. We reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
    7. If we restrict, block, suspend, or terminate your Service(s):
      1. You must pay any amounts owing;
      2. We may also suspend, block or terminate, without notice or liability, your Service(s) under any other agreement or account that you may have with us (including accounts that may be in good standing);
      3. You may be charged for all additional costs, liabilities and expenses incurred by us resulting directly from a breach by you of these terms or the Internet Use Policy, including costs to enforce your compliance;
      4. Your access to emergency or special needs services (such as 911) may also be restricted, suspended, blocked or terminated
  18. Limitation of Liability
    1. UNDER NO CIRCUMSTANCES WILL CANERIS INC. OR THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF CANERIS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT CANERIS INC. WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER'S AGREEMENT TO LIMIT CANERIS INC.'S AND ITS THIRD PARTY PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
    2. CANERIS INC. AND THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY CANERIS INC. IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.
    3. SOME SECTIONS OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.


Internet Use Policy
  1. All definitions are identical to those in the Terms and Conditions of Service (or Agreement)
  2. Any violation of this policy is considered a breach of the Agreement.
  3. You are solely responsible for all access to and use of the Services, including by any of your employees, officers, directors, agents, as well as your end users, including any breach of the Terms. You agree to take all necessary measures to ensure that such persons use the Services in accordance with this Agreement. Your use of the Services means that you agree with the terms and conditions of the Agreement. If you do not agree with any part of this Agreement, your sole and exclusive remedy is to terminate this Agreement in accordance with termination provisions provided in it.
  4. Prohibited Use While using the Services, you may not:
    1. Violate any system or network security measures including but not limited to engaging in unauthorized access or use of Caneris Inc.'s or a third party's network, data or information
    2. Monitor Caneris Inc. or third party's data, systems or network traffic
    3. Interfere with service to any user, host or network including without limitation, mail bombing, flooding, and deliberate attempts to overload a system and broadcast attacks
    4. Forge any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting
    5. 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 Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet
    6. Post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers
    7. Violate the privacy rights of any person
    8. Access or attempt to access any Internet host, computer, software or data belonging to any other person without that person's authorization, or use any tools designed to facilitate such access, such as "packet sniffers"
    9. Send unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, unless, however the user ensures that such transmissions comply with all applicable provincial, federal and international regulations, rules and laws
    10. Use the Services in such a way that will result in any Identifier being listed on a recognized SPAM abuse list, or SPAM community website
    11. Use a mail server to relay mail without the express permission of the mail server's operator
    12. Host an Internet Relay Chat (IRC) server
    13. Post 10 or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists
    14. 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
    15. Exceeding any bandwidth or data storage caps or other limitations of the Service or any applicable and lawful requirement imposed by another provider of telecommunications services providing underlying high-speed, Internet or other services to us
    16. Harassing users or groups in any way including but not limited to defaming, abusing, stalking, threatening or otherwise violating the legal rights of others
    17. Impersonating other subscribers of ours or of other Internet service providers or any other person or entity in any way, or engaging in any other fraudulent activities, including but not limited to, forging anyone's digital or manual signature
    18. 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 from the rights holder(s); (ii) are defamatory, obscene, child pornography or hate literature; (iii) constitute invasion of privacy, appropriation of personality, or unauthorized linking or framing; or (iv) are otherwise unlawful
    19. 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
    20. 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
    21. Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, our network or telecommunications services
    22. Transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, program or information designed to assist in the fraudulent use of telecommunications services
    23. Interfering with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of or tampering with system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges ("hacking") or attempting to "crash" a host, disrupting sessions of other Internet users or consuming excessive amounts of central processing unit time, memory or disk space
    24. 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.
    25. Posting or transmitting any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component.
    26. 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.
    27. Violating or breaching any applicable laws and/or regulations
    28. Sharing PPPoE logins for the purpose of concurrent login sessions
  5. We will not assume any responsibility for your acts or omissions. Account and password protection are your responsibility.
  6. We have no obligation to monitor the Services. However, in order to protect us and other subscribers, we will be entitled to electronically monitor the Services from time to time and disclose any information concerning you or your end users required by you or that is necessary to satisfy any law, regulation or lawful request. We will not intentionally monitor or disclose any private e-mail message unless required by law. We reserve the right to refuse to post, or to remove any information or materials, in whole or in part, that we determine, in our sole discretion, are unacceptable, undesirable, or in violation of these policies.
  7. Content. You acknowledge that some content, products or services available with or through the Services ("Content") may be offensive or may not comply with applicable laws. You understand that neither we nor any of our affiliates attempt to censor or monitor any Content. You also acknowledge that neither we nor any of our affiliates have any obligation to monitor your use of the Services and, except as provided herein, have no control over such use. You assume total responsibility and risk for access to or use of Content and for your use of the Services. We and our affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
  8. Privacy. We cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. We therefore recommends that the Services not be used for the transmission of confidential information.
  9. Violation of Internet Use Policy
    1. We consider the prohibited practices indicated above to constitute abuse of our services. Therefore, we prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender's account and/or access to our services.
    2. Nothing contained in this policy shall be construed to limit our actions or remedies in any way with respect to any of the foregoing activities. We reserve the right to take any and all additional actions we 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 our service, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.