EastLink High Speed Internet Residential Terms of Service

Eastlink High Speed Internet Residential Terms of Service
The provision of Eastlink High Speed Internet service is subject to Eastlink's Terms of Service ("Terms" or "Agreement") and its Acceptable Use Policy ("AUP"). Eastlink reserves the right to make changes to these Terms without notice. Current updates of Eastlink's Terms will be posted on Eastlink's website at www.Eastlink.ca. Accordingly, Eastlink customers should access the website to ensure that their activities conform to the most recent version. Questions regarding these Terms or AUP and complaints of violations of this policy can be directed to acceptable@Eastlink.ca. Eastlink's provision of HSI is subject to a LIMITATION OF LIABILITY as described herein.

Your use of the Service constitutes your acknowledgement and agreement that you have read and that you understand these Terms. If you do not agree to comply with all of these Terms, your sole and exclusive remedy is to discontinue your use of the Service.

1. Definitions
"The Service" or "HSI" means the Eastlink High Speed Internet service provided by Eastlink to the customer and includes facilities and equipment provided incidental to the provision of the Service. "Customer, "you", or "yours" means each person who establishes and or uses an authorized account ("Account") for access to and use of Eastlink.

2. General
(a) As a condition of using the Service you agree to accept and be bound by these Terms. If there is any conflict or inconsistency between the Terms and the AUP, any rules, policies or guidelines posted on the Eastlink website, these Terms will prevail.

(b) The right to use Eastlink is personal to you, is not transferable to any other person or entity, and is not for resale or re-supply to others. You are responsible for all use of your Accounts under any screen name or password by any person and for ensuring that all use of your Account complies fully with the provisions of these Terms, the AUP and all rules and all applicable laws and regulations. You are executing this agreement on behalf of all persons who use the Service through your PC. You assume all liability for such use of the Service and are responsible for ensuring that all such users understand and comply with the terms and conditions of this agreement.

(c) You shall be responsible for protecting the Confidentiality of your password(s).

(d) Eastlink shall have the right at any time to change or discontinue any aspect or feature of Eastlink, including but not limited to content, hours of availability, bandwidth usage and equipment needed for access or use, or to discontinue Eastlink entirely.

(e) To capture the full benefit of the Service on your computer, there are basic system requirements that it must meet. If your system does not meet these minimum requirements your performance may not be optimal.

3. Changed Terms
Eastlink may change or modify the Terms applicable to your use of the Service, at any time without your consent or authorization. Such changes, modifications, or additions shall be effective immediately upon notice. Notice may be given through the revision of the Terms on Eastlink's website or through notification by electronic mail, conventional mail or by other means of delivery. Any use of the Service by you after such notice shall mean that you agree to and accept such changes. If you do not agree to any changes, you must immediately stop using the Service and notify Eastlink that you are terminating the Service.

4. Payment
You shall pay all monthly fees charged by Eastlink for use of Eastlink and all applicable taxes, in advance, effective the first day on which the Service is made available to you. Eastlink may from time to time modify the charges imposed on you for use of the Service, on the expiration of thirty days notice to you, provided by electronic or conventional mail, or by any other means by which you obtains actual knowledge thereof. A late payment charge will be applied to any account that remains outstanding by the billing due date.

5. Equipment
You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of Eastlink, except if and to the extent that any other agreement between Eastlink and you specifically provides otherwise. In this Agreement any reference to "Cable Modem" is to the cable modem or modems rented from Eastlink pursuant to these Terms. In this Agreement any reference to "High Speed Wireless Internet Antenna" is to the wireless antenna or antennas rented from Eastlink.

You hereby acknowledge delivery and installation of a Cable Modem and any other property, tangible or intangible, delivered hereunder or pursuant to any subsequent order, which shall remain the exclusive property of Eastlink and which must be returned to Eastlink at time of disconnection. Eastlink may at its sole option supply new or reconditioned equipment. You understand that each Cable Modem has a value of $75 (plus taxes) and a High Speed Wireless Internet Antenna has a value of $499 (plus taxes). If a Cable Modem or High Speed Wireless Internet Antenna should be lost, destroyed, or damaged beyond normal wear or not returned upon termination of Service, you shall be liable to Eastlink for the cost of the Cable Modem or High Speed Wireless Internet Antenna, plus applicable taxes. Eastlink shall provide not more than six feet of cable between the Cable Modem and the point of attachment to the interior wall and between cable modem and network interface point.
You agree that you will not open, tamper with, service or make any alterations to any Eastlink-owned equipment. You shall not allow any person, other than authorized Eastlink personnel, to remove any Eastlink-owned equipment from the premises designated herein and its point of initial installation, nor shall you allow or encourage others in any way to service or deal with any portion of Eastlink's equipment or materials.

6. Ownership of Addresses
The customer acknowledges that Eastlink owns all addresses provided to the Customer, including, but not limited to IP addresses, e-mail addresses and personal web page addresses, as applicable. We may modify, change or remove such addresses at any point in time and will in no way be required to compensate you for such changes. You are permitted to use (but not register with any organization) only those IP addresses we have provided to you.

7. Customer Conduct
(a) You shall use Eastlink for lawful purposes only.

(b) You shall not post or transmit through Eastlink any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, unlawfully promote hatred or post or otherwise transmit objectionable information, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law, or which, without Eastlink's express prior approval, contains advertising or any solicitation with respect to products or services. Without limiting the generality of the foregoing, you shall not post or transmit on or through Eastlink any data or software which contains a virus, worm or other harmful component.

(c) You shall not use Eastlink to solicit users to become subscribers of other Internet access or online information services competitive with Eastlink.

(d) Eastlink contains copyrighted material, trademarks and other proprietary information, and the entire contents of Eastlink and all aspects of Eastlink are copyrighted as a collective work under Canadian & International copyright laws. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of material downloaded from or available through Eastlink or the Internet will be permitted without the express permission of Eastlink and the copyright owner, if other than Eastlink.

(e) You shall not upload, post or otherwise make available on Eastlink any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You hereby grant Eastlink the right to edit, copy, publish and distribute any material made available on Eastlink by you, and grant Eastlink a non-exclusive, royalty free, world-wide, perpetual license, with the right to sublicense, to use in any way any ideas or materials submitted to Eastlink.

(f) The price for the Service in residential premises is based on one machine using the network. Operating any type of server, other than a gaming server, will result in the de-activation of your modem, and may ultimately result in permanent disconnection of the Service. Allowances will be made for those client applications that require quasi-server behaviour but do not distribute data.

(g) You shall not restrict inhibit or otherwise interfere with the ability of any other person to use or enjoy the equipment, the Service, or the Internet, including, without limitation, posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitating feature, distributing mass or unsolicited e-mail ("spamming"), or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information;

(h) The provisions of this Section 6 are for the benefit of Eastlink, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.

Engaging in one or more of these activities may result in termination of this Agreement.

8. Monitoring
Eastlink shall have the right, but not the obligation, to monitor the content of the Service, including chat rooms and forums, to determine compliance with these Terms and all applicable laws and regulations. Eastlink shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Eastlink, which without limiting the foregoing, in Eastlink's sole discretion, Eastlink finds to be in violation of the provisions hereof or otherwise objectionable. Eastlink may disclose any information to third parties as necessary to satisfy applicable laws and regulations.

9. Limited Warranty
(a) Eastlink warrants that the Cable Modem is free from defects in material and workmanship and agrees to repair or replace the Cable Modem if found to be defective.

(b) The Service is provided 'as is' and 'as available' without warranties or conditions of any kind. Eastlink makes no warranty with respect to any failure or interruption of the Service caused by or resulting from failure or replacement of transmission equipment or caused by or resulting from any circumstance beyond its control. Eastlink also assumes no responsibility whatsoever for the condition, maintenance or repair to any computer or other transceiver to or in which the cable modem is installed or for any damage therein. Without limiting the generality of the foregoing, we do not warrant the performance, availability, uninterrupted use of or operation of the internet, your connection to the internet, the equipment or any feature of the Service. The entire risk as to the availability, quality and performance of the Service is with you. Further, we do not warrant that any data or files sent by or to you (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 merchantability, quality or fitness for a particular purpose) with regard to the Service(s) 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 law, hereby excluded.

10. Limitation of Liability
Unless otherwise specifically provided in these terms, we will not be liable to you or to any third party for:
Any direct, indirect, incidental, special, punitive or consequential losses or damages of any kind, including: loss of profits; loss of earnings; loss, theft, destruction, interception, misdelivery or alteration of data or other information; loss of business opportunities; personal injuries (including death); or any other foreseeable loss resulting directly or indirectly out of, pertaining in any way to or otherwise arising in connection with this agreement, the Service, any software installed in order to operate the Service, or any oral or written statement, advertisements or promotions relating to this agreement or to the Service, even if Eastlink was advised of the possibility of such damages or was negligent; and 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 claim that the use or intended use of the Service infringes the copyright, patent, trade-mark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.

These limits apply to any act or omission of Eastlink, our officers, employees, affiliates, agents or suppliers, whether or not such acts or omissions would otherwise give rise to claims or causes of action in contract, tort, pursuant to statutes or pursuant to any other doctrine of law.

11. Indenification
You hereby agree to indemnify, defend and hold harmless Eastlink and its affiliates, suppliers and agents (and their respective employees, directors and representatives) from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines , costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by us or our affiliates, suppliers or agents arising out of or relating to your: (a) violation or breach of any term, condition, representation or warranty of this agreement or any applicable policy or guideline; (b) use of or inability to use the Service; (c) any content or software displayed, distributed or otherwise disseminated by you using the Service; (d) violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party; (e) from damage to any property or person whatsoever, including but not limited to the Customer or any employee, agent, servant or independent contractor of or employed by the Customer or any guest or occupant of the Customer's premises, in any way caused by or arising from the use of the Service or the installation or use of any Eastlink-owned equipment, including the Cable Modem or High Speed Wireless Internet Antenna.

12. Rights of Termination
Without limiting the foregoing, Eastlink shall have the right to immediately terminate your Account in the event of any conduct by you which Eastlink, in its sole discretion, considers to be unacceptable, including, but not limited to failure to pay Eastlink's charges on the due date, or in the event of any breach by you of these Terms, the AUP or applicable laws and regulations.

Subject to the terms of this Agreement, either you or Eastlink may terminate the Service provided under this agreement at any time upon giving to the other 10 days written notice of intentions to do so, and such notice shall terminate the agreement and the Service provided to you hereunder 10 days after such notice is given.

Upon termination of the Agreement, any balance owing for installation shall become due at once. Eastlink shall rebate any part of the service charge paid in advance for provision of the Service following the first day of the month after the date of disconnection, provided that in the event of default by you under any term or condition hereof termination by Eastlink shall be permitted without notice and any rebate of charge prepaid at such termination shall first be applied in payment of any indebtedness of you to Eastlink. Eastlink shall thereafter have access to your premises to remove its material and equipment including, without limitation, the Cable Modem or High Speed Wireless Internet Antenna.

The Customer shall pay reasonable collection fees and/or pick-up charges to Eastlink in the event that Company shall find it necessary to enforce collection and/or preserve and protect its rights under this Agreement.

The Customer agrees to provide representatives of Eastlink access at reasonable times to the Customer's premises and the Customer's computer equipment to install, inspect and maintain all Eastlink-owned equipment, and upon termination of the Service to permit access by Eastlink for removal of the Eastlink-owned equipment, from the premises, provided however that failure of Eastlink to remove any Eastlink-owned equipment from the Customer's premises shall not be deemed abandonment thereof.

13. Entire Agreement
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

14. Laws
These Terms shall be construed in accordance with the laws of the province in which your billing address is located and the federal laws of Canada applicable therein, but if your billing address is outside of Canada, these Terms shall be governed exclusively by the laws of the province of Nova Scotia and you submit to the jurisdiction of the courts of Nova Scotia, and the federal laws of Canada applicable in that province. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The insertion of headings and the division of these Terms into sections are for convenience of reference only and shall not affect the interpretation of these Terms.

15. Assignment or Transfer
This Agreement is not assignable without Eastlink's written consent.

16. Waiver
The failure of either party to insist upon strict interpretation of this Agreement or to exercise any option herein shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.

17. Privacy
Unless you consent in writing or disclosure is pursuant to these Terms or a legal power, your information held by Eastlink (other than name, address and listed telephone number) is confidential and will not be disclosed by Eastlink to anyone other than:
(a) the customer;

(b) a person who, in our reasonable judgment, is seeking the information as an agent of the customer;

(c) another company, provided the information is required for the efficient and cost effective provision of service and disclosure is made on a confidential basis with the information to be used only for that purpose;

(d) an agent we retain in the collection of the Customer's account, provided the information is required for and is to be used only for, that purpose.

The Customer agrees to provide Eastlink with prior written notice of any changes to the Customer's billing information, including but not limited to changes in address and contact information.

You may request that Eastlink provide any information in our possession regarding your service. We will provide the information requested if: you have given the company sufficient advance notice and details of the information sought to allow us to comply with the request; and if you agree to reimburse the Company for costs if we would incur unusual expense to provide the information.

For further information regarding Customer Privacy, please refer to Eastlink's Privacy Policy located on our website.