Canada On-line - Terms of Use

The following is our Terms of Use Agreement. Please familiarize yourself with these terms and conditions.




	Terms of Use Agreement By using any Canada On-line service(s), in any form, you automatically agree to the following Acceptable Use Policy. The Internet is a global communication network that largely relies on the self - regulation and good judgment of its users. Our goal is to provide you with premier quality products and within this context. The following policies are designed to achieve this without being unduly restrictive. This agreement represents the complete agreement and understanding between ICA Canada On-Line Inc. (hereinafter called COL) and you, account holder, regarding Dial-up Internet Accounts, and supersedes any other written or oral agreement, which you may have entered into. Upon notice published on-line via COL or e-mail, COL may from time to time amend each of the terms and conditions in this Agreement, and such modifications will be incorporated into and supersede pre-existing terms of this Agreement. By continuing to use COL services you signify your consent to immediate compliance with the Agreement as amended. You may withdraw your consent to abide by this Agreement and any term or condition thereof upon notice in writing, which shall be deemed to authorize COL, at its option, to initiate closure of your account, provided however that such notice shall not be effected until it is received by COL’s Accounting department at 905-624-8566. COL endeavors to ensure reliable operations of its systems 24 hours a day, 7 days a week. However, some factors, such as phone lines are beyond our control and we cannot warrant uninterrupted working of service. We reserve the right to shut the system down for maintenance and upgrading and will endeavor to provide advance notice of such if possible. COL assumes no responsibility or liability for any damage caused by a subscribers use of the system, no matter how caused. COL assumes no responsibility if a customer chooses to run a for-profit website and/or any other services on a residential account. It is the customer’s responsibility to have a valid business account for any for-profit service. COL's services may only be used for lawful purposes. Transmission (either sent or received) of any material in violation of any Federal, Provincial or local laws or regulations is prohibited. This includes but is not limited to copyrighted material, material deemed by COL to be threatening, slanderous or obscene, or material protected by trade secret. COL reserves the right to terminate an account at any time for violation of these Terms and Conditions of Service or abusive conduct on the system and/or the Internet and its resources as a whole. COL and its officers are deemed as authority to define abusive conduct. Definitions of abusive conduct may periodically change or be amended to previous ones. Use of any information obtained via COL is at your own risk. COL specifically denies any responsibility for the accuracy or quality of information obtained through its services. Some of the material on the Internet is judged offensive and/or unsuitable by some. However, because of the unregulated nature of the Internet, it is neither possible to control the information that is available, nor to restrict users from some public sites. It is up to you to exercise individual responsibility and judgment when using your account and/or allowing minors and others to use this account. By requesting a COL account, you waive all liability on the part of COL regarding the appropriateness of any material. You agree to indemnify and hold harmless COL from any claims resulting from your use of the service, which damages you or another party. The risk of having your Internet communications intercepted on the network is considered low. COL will make every reasonable effort to ensure your privacy; however we cannot guarantee this. The customer is responsible for any and all backups. Customer Files and Databases hosted by ICA Canada Online (COL) are not guaranteed to be backed up to the fullest extent. Customer must have the adequate tools and must have their files backed-up regularly. ICA Canada Online claims no responsibility for any files lost and/or destroyed. Each dial-up account cannot be accessed by more than one (1) person at a time with the same login and password. This is to prevent simultaneous access across a network, which can unfairly compromise services to our other customers. Corporate Accounts - Hosting Packages. All corporate customers who sign up for a specific package are entering into contract with the terms of that package. Any additional use of space and or transfer will be subject to a monthly charge unless previous arrangements are made between COL and the customer in writing. To maintain a consistent level of service to our customers, any servers owned or operated by Canada On-Line, will not be used for any of the following activities by our members or outside parties. These include but not limited to: Mail Spamming (Mass-Mailing), Newsgroups Spamming, Uploading or transferring of pirate or illegal software. Every Dial-Up customer of COL is entitled to 10 MB of FREE Personal Homepage Space on our http://users.ica.net/ web server. The space is limited to 100 MB of traffic per month. The content of the homepage should NOT contain any of the following: pornographic (nude) sex images, information related to software piracy (serial numbers, cracks, etc.), commercial, business information (the space is for PERSONAL use only). Canada On-Line reserves the authority to permanently suspend any user, found doing any kind of illegal or above listed activities. You, or a minor under your care or legal control, are the sole user of the Services and you agree on your behalf and on behalf of the minor to compliance with this Agreement and, if use is by the minor, you agree to supervise use of the services. COL will publish a notice of fee increases, or changes to Dial – Up account packages 30 days before such increases or changes take effect. Any publication or communications by either party required or contemplated under this Agreement may be delivered by electronic mail or other notice published on-line. COL reserves the right to cooperate with officers of the laws of any jurisdiction in monitoring account holders compliance with the laws of that jurisdiction. You acknowledge that COL reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions. You agree not to simulate network activity to avoid session inactivity disconnection. You undertake to provide your proper name, phone number and address information and authorize COL to suspend your account immediately if COL determines that you have provided false or missing personal information (i.e.: name, phone number and address) until such time as that information is received by COL. You authorize COL, at its sole option, to remove Personal Web Pages: upon receipt of complaints regarding the content of those pages and acknowledge COL’s option to terminate this agreement immediately upon receiving such complaint, or in the event that they generate in excess of 100 megabytes of data transfer per month. COL account holders are provided with 15 megabytes of e-mail storage space. If you reach this limit, additional e-mail messages will not be accepted. Any use of COL's system, software, network or other resources that COL, in its sole discretion, determines to be disruptive of the normal use of the system for other COL customers is considered to be an abuse of those resources and COL may, at its option, immediately terminate this Agreement upon locating such abuse. Depending on the nature and the severity of the abuse, the user may receive an email warning or have its account suspended by COL. If the misuse is unintentional, the suspension may be rescinded following discussion with COL. If the misuse is intentional, the suspension may be rescinded at the discretion of the COL, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Account holders who believe their activity has been misclassified may appeal to the COL. The account holder's sole remedy and COL’s sole liability in respect of any misclassification of activity shall be credit for service fees for the duration of the misclassification applied to the account holder's account. Certain activities falling under the general category of "Internet abuse", are strongly discouraged and may be grounds for termination of the account, without notice. The final decision to terminate the account is solely at the discretion of COL. You may not use your COL account to send out unsolicited email, whether of a commercial nature or not. Abusive messages that are threatening, harassing or coercive in nature are similarly not permitted. You may not continue sending email messages to another individual or another system who has explicitly requested that you cease. "Spam" is a popular term used to describe the mass posting of substantially similar messages to one or many Usenet newsgroups. The term is also applicable to similar behavior in email. Posting multiple messages to individual newsgroups or posting to a large number of newsgroups with a single message is equally prohibited. Please limit your messages to a small number of newsgroups, suited to the subject matter of your message. Maliciously or purposely flooding a newsgroup with the intent to disrupt the use of that group by other participants is strictly prohibited. The distribution of chain letters, pyramid schemes, "Ponzi" schemes, multi-level marketing scams, etc. are strictly prohibited in any form (through e-mail or Usenet news, on IRC, on a Web page, etc.). Impersonating another user or otherwise falsifying one's username in email, Usenet postings, on IRC, or with any other Internet service, with the intention to defraud or to avoid recriminations arising from abusive activity are not permitted. The account may be terminated if it is involved in any way with Internet abuse, even on another ISP. This includes, but is not limited to: using the COL account as a mail reply drop box, as the recipient of a forwarded e-mail address from another service provider, as a Web page or other service advertised or promoted by the spam, or as an access point to another service provider where the abusive activity is launched. Complaints about abusive behavior of COL customers will be investigated promptly, and may involve the suspension of the account during the investigation. COL strives to provide a pleasant online experience for all its customers, and will not tolerate contrary behavior by a small segment of its user base. Service payments are due and owing at the start of service, and at the start of each renewed month, and will be charged in advance of receiving services. For residential customers, any usernames, passwords and statically assigned IP addresses may be changed at the discretion of ICA Canada Online without prior notice. Any IP address assigned to you by COL is the property of COL at all times. IP addresses will change each time your HIGH SPEED Service modem or system is powered off, or any time at the discretion of COL without prior notice to you. This also includes any and all residential services. COL assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing. Delinquent accounts are those that remain unpaid 10 days after due date, or those whose credit card is declined by their financial institution. Accounts that are delinquent may be suspended by COL without further notice to Customer. Accounts may be reinstated at COL's discretion upon full payment of any unpaid fees, and a reinstatement administration fee will apply. Accounts, which have been suspended for 60 consecutive days will become terminated and may have their files removed. COL has no obligation to keep terminated Customer files stored for more than 15 days. COL assumes no responsibility for any bank service charges which Customer may incur as a result of attempting to collect payments from a bank account with insufficient funds. There is a service charge for cheques not honored by customers financial institution, for any reason. Requests for historical account or billing information will be subject to an administration fee, to be determined by COL. If you believe COL has billed you incorrectly you must contact COL no later than 30 days after the date of the first billing statement in which the error or problem appeared. Notifications after this period of time will not be eligible to receive adjustments or credits. When you credit card expires, COL may either assume that your card has been renewed for two years and adjust your credit card information accordingly, or request that you furnish updated credit card information. You may request a change to your COL pricing plan by submitting a change request through the COL’s by contacting Customer Service / accounting. Pricing plan changes only take effect at the start of the next billing cycle following COL’s receipt of the change request. In case of changing service to the lower priced plan, there will be an administration charge applied, as determined by COL. Your COL account will be renewed on a month-to-month basis unless you are in breach of this agreement or a valid cancellation request is received from you at least 30 business days prior to renewal date. Deposits made to COL are non-refundable. 5 days cancellation applies to new accounts only COL is not responsible for any long distance charges that may occur during Internet connectivity or customer service inquires. Cancellation requests for COL accounts must be received in writing via email, fax, or postal service at COL's main office. Such requests must be received by 5 PM, at least 30 business days prior to renewal date in order to be processed by the beginning of the next accounting cycle. You will receive confirmation no later than 24 hours, if you are not contacted by our office please call 905-624-8566 / 416-324-2663 to verify cancellation has been received. Any delinquent accounts that require collection will be subject to a $100.00 service charge. All COL accounts must be paid in full before the cancellation request will be processed. No refund will be made for the balance of the current month in which a customer requests account cancellation. No refunds available with pre-paid accounts. All dialup accounts have a minimum subscription period of three (3) months. COL is not responsible for any special agreements made with any sales rep, or staff unless a copy of the agreement can be provided. Trial period for new accounts is 10 hours on line, or 5 days, whichever comes first, you may cancel your COL account within that time for the full refund, less setup /administration charge which is non refundable. There will be no refunds after this trial period, and there will be no exceptions. By using any ICA Canada On-Line Inc. service(s), in any form, you automatically agree to the above Terms & Conditions Agreement. NOTEcustomer agrees to subsequent automatic annual renewals for all dsl services, if the customer does not wish to renew 30 days written notice prior to end of commitment period is required. Please note that any cancellations are subject to review. If you have received a promotional price for the DSL upon sign-up and are canceling the service, you will be charged for the service period at the regular price of $ 39.95 + GST per month. A $150.00 administration charge will apply to high speed DSL accounts that are cancelled prior to activation, by the customer. DSL change of service address/phone number(s) may be subject to an administration charge. If there is a billing discrepancy, it must be reported to ICA within 30 days, in writing and one of our staff will confirm with you (the customer). It is your responsibility to make sure that we have received this information, so that we can address the issue immediately. Cancellations are to be submitted in writing by fax (905) 624-5397 or email. You will receive a confirmation from our staff; if you do not it will be your responsibility to make sure we receive the cancellation. Early Cancellation for BroadBand Wireless Cancellation charges shall apply to any agreement that is terminated before the agreed contracted term. Charges shall be calculated based on half the amount of the remainder of the contracted term. Set up installation fees, and service must be paid in full until date of cancellation plus applicable taxes. The customer also agrees that their contract will automatically be renewed as per the original Terms and Conditions unless ICA Canada Online receives written notice in writing 30 days prior to the renewal date. IPASS accounts are subject to a non-refundable set up fee of $50.00. A valid credit card must be provided. All charges resulting in IPASS use will be charged at a rate of $10.00 per hour. IPASS accounts should not be set up on-line. The customer will need to contact our sales department at 905-624-8566. Should you involuntarily set up an IPASS account on-line the customer will be responsible for all charges incurred. powerline accounts based on a two year term, early cancellation will result in no less then 50% of the remaining contract NOTE** ABUSE OF BANDWIDTH - Abuse of Bandwidth is considered anything over 10GB. If abuse to bandwidth occurs, extra charges will apply as follows: * Additional usage over their allotted bandwidth will be charged $2 per Gigabyte. 15% restocking charge on all product/equipment returns. Returns must be in original pacakaging and complete with all documents. No returns after 10 days. Any hardware not installed by ICA is void of any warranty. Set-up fees and depostis are non-refundable. Goods tital remains property of ICA until paid in full. These Terms and Conditions of Service supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. These Terms and Conditions of Service are subject to change without notice in the absolute discretion of COL.