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1. THE SERVICE
a) Rogers Cable agrees to provide the customer with the Zone dial-up
Internet access service (the "Service") from a single computer
connection in the customers home or office location, on the terms and subject
to the conditions set forth below. By purchasing and using the Service,
the customer agrees to be bound by these Terms and Conditions.
b) The Service includes the following features:
- A single connection between the modem and the customer's computer.
Note: This connection is subject to the availability of network resources.
- Internet software including a single email account, a web browser
and TCP/IP software, if necessary.
- A single user IP connection via Rogers Cable's provincial Internet
network.
- Up to 20MB of space per e-mail address on Rogers Cable's e-mail server
and a maximum size per incoming and outgoing e-mail message of 10 MB.
- Up to 5MB of complimentary space on the Zone World Wide Web Server,
if requested by the customer (for Main and Power Zone customers only).
For greater certainty, such space shall be for personal, non-commercial
use only.
- For an additional charge, a customer can receive extra e-mail accounts
and web space.
2. GENERAL CUSTOMER OBLIGATIONS
a) The customer acknowledges that he/she is at least 18 years of
age and that he/she is responsible for providing supervision to those persons
under 18 years of age whom he/she has allowed to use the Service. The Service
is not intended to be used to enable persons under 18 years of age to obtain
material that is prohibited by law to be sent or displayed, including material
deemed to be indecent or obscene.
b) The customer acknowledges that he/she may incur charges while
using the Service, such as accessing certain offerings or subscribing to
other services. Any such charges are the responsibility of the customer.
3. COMPUTER EQUIPMENT
In order to operate the Service, the customer's computer equipment must
meet the minimum requirements set forth below:
- Microsoft Windows 95 or better
- 486 or greater
- 16 MB of RAM
- 28.8 K or greater modem
- 30 MB of free hard drive space
4. PAYMENT TERMS
The customer agrees to pay the initial set-up fee and monthly recurring
charges for the Service package selected by him/her, as well as all applicable
taxes. Additional charges will apply if the customer exceeds his/her monthly
access time. The customer is billed one month in advance for the Service.
5. SOFTWARE LICENSE
Rogers Cable grants to the customer a limited, non-exclusive license to
use the software supplied by Rogers Cable for use in connection with the
Service only. The customer is granted permission to make one copy of such
software for archival purposes only. The license becomes invalid upon termination
of the Service.
6. SERVICE MANAGEMENT
a) Rogers Cable will make reasonable efforts to ensure that the Service
is available 24 hours per day, seven days per week. It is reasonable to
expect, however, that interruptions in service will occur. In the event
of a scheduled service interruption, Rogers Cable will attempt to provide
customers with appropriate e-mail notification.
b) Rogers Cable will follow standardized network management practices
and utilize traffic analysis, operational procedures and acceptable user
policies to ensure optimum availability of the Service at all times.
7. SUPPORT AND MAINTENANCE
a) Rogers Cable will provide customer support via telephone and/or
electronic mail for Zone software and modem support only.
b) Rogers Cable does not undertake to correct or repair software,
hardware or equipment that it does not supply.
c) If the customer's use or misuse of the Service, or use, misuse
or modification of any software supplied by Rogers Cable, requires a visit
to the customer's home for repair or correction, Rogers Cable reserves the
right to charge the customer for the service call.
8. DISCONNECTION OR TERMINATION OF SERVICE
a) The customer may terminate his/her Service at any time by providing
Rogers Cable with no less than 24 hours prior notice. For termination of
Service to be complete, any balance owing to Rogers Cable must be paid in
full.
b) Rogers Cable may terminate the customer's Service at any time
if the customer breaches any of these Terms and Conditions or, otherwise,
upon 30 days prior written notice.
c) Rogers Cable will not visit the customer's home upon termination
of the Service to restore or reconfigure the customer's computer.
9. USE OF THE SERVICE
a) The Service is intended for personal, non commercial use only
and the customer agrees not to resell or redistribute access to the Service,
including, but not limited to, the provision of e-mail, FTP and Telnet access.
b) Rogers Cable will provide the customer with an IP connection as
a component of the single user account. The customer agrees not to alter,
modify or tamper with the IP connection or those of any customer on the
system. Rogers Cable will take back the IP connection upon disconnection,
discontinuation or termination of the Service.
c) The customer agrees not to interfere with the use of the equipment
or Service by other customers or disrupt Rogers Cable's backbone network.
d) The customer agrees to comply with the Zone Dial-Up Internet Acceptable
Use Guidelines (the "Acceptable Use Guidelines").
10. DISCLAIMER AND LIMITATION OF LIABILITY
a) Rogers Cable assumes no responsibility whatsoever for any damage
to, loss or destruction of (i) the customer's computer or (ii) any of the
customer's software, files, data, or peripherals, in each case, which may
result from the customer's use of the Service, or from the installation,
maintenance, or removal of the Service, equipment or software.
b) Rogers Cable makes no representation or warranty that any software
or other content installed on the customer's computer or which the customer
may download from the Internet, on-line service provider, or other information
provider (other than Rogers Cable) does not contain any virus or other damaging
or destructive attribute.
c) The Service is provided "as is" and "as available"
without warranties or conditions of any kind. Without limiting the generality
of the foregoing, Rogers Cable does not warrant the performance, availability,
uninterrupted use of or operation of the Internet, the customer's connection
to the Internet, the Service or any feature of the Service. The entire risk
as to the availability, quality and performance of the Service is with the
customer. Further, Rogers Cable does not warrant that any data or files
sent by or to the customer (whether by e-mail or otherwise) will be transmitted,
transmitted in uncorrupted form, or transmitted within a reasonable period
of time. There are no express or implied representations, warranties or
conditions whatsoever (including warranties of title or non-infringement,
or implied warranties of merchantable quality or fitness for a particular
purpose) with regard to the Service or any merchandise, information or service
available on the Internet or otherwise through the Service, and all representations,
warranties and conditions of any kind, express or implied, are, to the extent
permitted by applicable law, hereby excluded.
d) While Rogers Cable supplies access to the Internet, it is not
the publisher of any information provided by others through the Internet.
Rogers Cable is under no obligation to review, censor, or monitor and is
not in any manner responsible for any programs or content sent or accessed
over the Internet. Rogers Cable assumes no liability for any claims, losses,
actions, and damages, suits or proceedings arising out of or relating to
content accessible by the customer through the Internet.
e) Rogers Cable assumes no liability for (i) any direct, indirect,
incidental, special, punitive or consequential losses or damages of any
kind, including loss of profits, loss of earnings, loss of business opportunities
or personal injuries (including death) resulting directly or indirectly
out of, pertaining in any way to or otherwise arising in connection with
these Terms and Conditions, the Service, or any oral or written statements,
advertisements or promotions relating to these Terms and Conditions or the
Service or (ii) any losses, claims, damages, expenses, liabilities or costs
(including legal fees and court costs) resulting directly or indirectly
out of, or otherwise arising in connection with, any allegation, claim,
suit or other proceeding that the use or intended use of the equipment or
Service infringes the copyright, patent, trademark, trade secret, confidentiality,
privacy, or other industrial or intellectual rights or contractual rights
of any third party.
f) The limitations of liability set forth in subparagraphs (d) and
(e) above apply to any act or omission of Rogers Cable, its officers, employees,
affiliates, agents and suppliers, whether or not such acts or omissions
would otherwise give rise to claims or causes of action in contract, tort,
pursuant to statute or pursuant to any other doctrine of law.
11. DISCLOSURE OF INFORMATION FOR PROMOTIONAL PURPOSES
Rogers Cable may, from time to time, market to its customers, directly or
indirectly through its related companies, additional products and services.
In connection with the offering of these products and services, the customer
authorizes Rogers Cable to disclose any information in his/her file to these
agents, dealers or related companies. If the customer does not wish to have
his/her information used for such purposes, the customer can notify the
Rogers Cable customer service department.
12. ARBITRATION
Any claim, dispute or controversy (whether in contract or tort, pursuant
to statute or regulation, or otherwise, and whether pre-existing, present
or future) arising out of or relating to: (a) these Terms and Conditions;
(b) the Service; (c) oral or written statements, advertisements or promotions
relating to these Terms and Conditions or to the Service; or (d) the relationships
which result from these Terms and Conditions (including relationships with
third parties) (collectively the "Claim"), will be referred to
and determined by a sole arbitrator (to the exclusion of the courts). The
customer agrees to waive any right the customer may have to commence or
participate in any class action against Rogers Cable related to any Claim
and, where applicable, the customer also agrees to opt out of any class
proceedings against Rogers Cable.
If the customer has a Claim, the customer should give written notice to
arbitrate to Rogers Cable at: Manager, Customer Relations, Rogers Cable,
22 Austin St., P.O. Box 8596, St. John's, NF, A1B 3P2. If Rogers Cable has
a Claim, Rogers Cable will give the customer notice to arbitrate at the
customer's billing address. Arbitration of Claims will be conducted in such
forum and pursuant to such rules as the customer and Rogers Cable agree
upon and, failing agreement, will be conducted by one arbitrator pursuant
to the laws and rules relating to commercial arbitration in the province
in which the customer resides that are in effect on the date of the notice
to arbitrate.
13. GENERAL
These Terms and Conditions, the Acceptable Use Guidelines, the Terms and
Conditions that appear on the back of the Service invoice and any completed
and signed pre-authorized payment forms constitute the entire agreement
and understanding between Rogers Cable and the customer with respect to
the subject matter hereof and supersede and replace all prior contracts,
agreements, understandings and representations, written or oral, regarding
such subject matter. The customer agrees (i) to cause all persons who use
the Service through the customer's computer to observe and comply with these
Terms and Conditions and (ii) that he/she is responsible and liable for
any and all breaches of these Terms and Conditions, whether such breach
is the result of use of the Service by the customer or by any other user
of the customer's computer. These Terms and Conditions are subject to change
at any time. |
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