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High Speed Internet Terms and Conditions

General

KMTS – A Division of Bell Aliant LP, herein referred to as KMTSNET, agrees to provide High Speed access to the Internet (the “Service”) and is subject to the following Terms and Conditions.

The customer is solely responsible for the security of all passwords and log-on ID required to access the Service. The customer also agrees to comply with the policies and guidelines set out in this Agreement. KMTSNET reserves the right to modify or change this policy from time to time.

The customer shall not use the service to post, transmit or otherwise distribute information that is in contravention of any provincial or federal laws. The user shall not use the service in such a way as to have a detrimental affect on other users.

KMTSNET reserves the right to revise its monthly access rates from time to time after the contract period. KMTSNET will provide the customer with 60 days notice prior to any rate increase. All invoices not paid on the date due will be assessed accrued interest at the rate of 1.0% per month (12.6% per annum).

KMTS – A Division of Bell Aliant LP, herein referred to as KMTSNET, agrees to provide High Speed access to the Internet (the “Service”) and is subject to the following Terms and Conditions.

The customer is solely responsible for the security of all passwords and log-on ID required to access the Service. The customer also agrees to comply with the policies and guidelines set out in this Agreement. KMTSNET reserves the right to modify or change this policy from time to time.

The customer shall not use the service to post, transmit or otherwise distribute information that is in contravention of any provincial or federal laws. The user shall not use the service in such a way as to have a detrimental affect on other users.

KMTSNET reserves the right to revise its monthly access rates from time to time after the contract period. KMTSNET will provide the customer with 60 days notice prior to any rate increase. All invoices not paid on the date due will be assessed accrued interest at the rate of 1.0% per month (12.6% per annum).

Contract – Refund/Cancellation Policies

Should the customer terminate an executed Agreement prior to the initial term, the penalty will be $10/mth to a maximum of $50/year (12 months) to a maximum of $100 total, shall become due and payable on the date the service in terminated.If the modem, filters and/or routers are not returned, the customer shall be charged $75 for the modem, $10 per filter, and $95 for the router. KMTSNET reserves the right to change these figures to reflect current market replacement costs.

Miscellaneous Fees

Should the customer downgrade to a slower-speed service, a $25 fee is applicable. Thirty (30) days notice is required to cancel service not under contract.

Service Availability

The Service availability is subject to suitable facilities and within the technical parameters of the equipment. Only one (1) Service connection per residential address is permitted. KMTSNET assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service due to failure of the network or the inability to gain a connection or outages caused by weather, component failure or similar causes.

Minimum System Requirements for the Service.

It is the customer’s responsibility to ensure that your computer system meets the current minimum system requirements:Windows System Desktop or Laptop

  • Microsoft Windows 98/NT 4.0/2000/ME/XP/Vista
  • Pentium II Processor 233 MHz, or equivalent
  • 32 MB of memory (RAM)
  • 75 MB of free hard drive space
  • 256 colours at 800×600 resolution
  • Ethernet card or free PCI slot
  • CD-ROM drive (required)

Macintosh System

  • MAC OS 7.6.1 and Open Transport 1.2 installed
  • Power PC
  • 32 MB of memory (RAM)
  • 75 MB of free hard drive space
  • 256 colours at 800×600 resolution
  • Ethernet card
  • Ethernet port
  • CD-ROM drive (required)

Installation Appointments

KMTSNET is not responsible for any claims, damages, losses or expenses, including without limitation lost wages or missed work, in the event that an installation appointment for the Service is not met. It is the customer’s responsibility to create data backups prior to installation.

Performance Levels

KMTSNET does not guarantee Service performance levels in terms of throughput, download speeds since there are numerous network elements that are beyond the control of KMTSNET. KMTSNET will, however, make every reasonable effort to ensure the highest possible quality of service is always delivered.

Customer Service Policies

KMTSNET shall make support services available as follows:

  • Technical support help desk hours are 8:00am to 4:30pm Monday – Friday (except holidays).
  • Responsibilities will cover installation and on-going technical support with the following qualifications:

KMTSNET will:

  • assist in configuring software at the network layer, including:
    1. Control Panel, Network icon parameters (TCP/IP only)
  • assist in configuring the Netscape Communications and/or Microsoft Internet Explorer browser Software, mail and news reader
  • assist with any KMTS supplied equipment and hardware and replace or repair such equipment at the discretion of KMTSNET

KMTSNET will NOT:

  • debug hardware conflicts such as IRQ, RAM, and IO port assignment problems
  • assist in supporting other protocols and solving LAN-related problems or multi-provider configurations
  • assist in configuring Plug-ins

Security

KMTSNET will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your Service.

Service Bandwidth Resale Prohibited

Resale of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply will result in immediate cancellation of the Service.

IP Address / Host Name

Any IP address assigned to you by KMTSNET is the property of KMTSNET at all times. KMTSNET utilizes dynamic IP addressing for its high-speed service, except as otherwise noted, and, as such, the IP address may change each time your Service modem or system is powered off or any time without prior notice to you. KMTSNET assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP addressing.

User Information

KMTSNET does not guarantee or warrantee the security of any message sent or received over the Internet. All matters related to the security or integrity of the data is the responsibility of the customer. KMTSNET reserves the right to monitor the Service electronically from time to time and to disclose any information necessary when requested to do so by a duly appointed law enforcement agency or regulatory body.

No Liability for Content

Neither KMTSNET nor its affiliates are responsible for the content transmitted or received over the Internet.

Unauthorized Use of Customer’s Account

KMTSNET will not assume any responsibility for acts or omissions or those of any individual who uses the customer’s account. The customer shall be responsible to protect their account and password from unauthorized use by any Third Party. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

Bandwidth Usage Policy

The customer must comply with current bandwidth, data storage and other limitation for the Service while ensuring that activity while using the Service does not improperly restrict, inhibit or degrade any other customer’s use of the Services, nor represent to KMTSNET an unusually large burden to the network itself. This activity includes, but is not limited to, peer to peer file sharing programs, serving streaming video and/or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.Bandwidth Usage/month for each Service package are:

  • Net Express – 15 GigaByte
  • Net Express Plus – 25 GigaByte
  • DSL at Home – 75 GigaByte
  • DSL Ultra – 100 GigaByte

KMTSNET reserves the right to set specific limits for Bandwidth Usage and charge for excessive Bandwidth Usage for residential Services at any time. The customer is responsible to ensure Service activities do not improperly restrict, disrupt, inhibit, degrade or impede the ability of KMTSNET to deliver and monitor its Services, network, and other related equipment/systems.

The Modem/Filters/Router

The Modem and Router (when issued) including the power supply and network cables will remain the property of KMTSNET. As such, if the Service is cancelled or terminated for any reason the modem shall be returned to KMTSNET at the KMTS Store, 200 Main Street South, Kenora, or by calling 467-5687 to make arrangements for return of said equipment. Should the equipment not be returned within 30 days after the Service is terminated, a cancellation fee shall apply.If the modem, router and/or filters are not returned, the customer shall be charged $75 for the modem, $75 for the router, and $10 per filter. KMTSNET reserves the right to change these figures to reflect current market replacement costs.

Limited Warranty

Neither KMTSNET nor its affiliates warrant the uninterrupted use or operation of the Service or any deliverable provided under this Service Agreement. Further, neither KMTSNET not its affiliates warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Service.

Limitation of Liability

In the event that any breach by KMTSNET, its affiliates or its agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from KMTSNET payment for actual and direct damages to a maximum amount equal to the fees paid hereunder by you to KMTSNET during the last three months immediately preceding the relevant breach. Other than the foregoing remedy, under no circumstances shall KMTSNET, its affiliates or its agents be liable to you or any third party for:(i) any direct, indirect, special or consequential damages, including loss of profits and loss of business opportunities, that result in any way from this Service Agreements, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that results from mistakes, omissions, interruptions, deletion or corruption or files, errors, defects, delays in preparations, or transmission, or failure of performance,

Or

(ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

In addition, KMTSNET is not liable for:

  • any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which KMTSNET does not directly serve;
  • defamation or copyright infringement arising from material transmitted or received over KMTSNETs or its affiliates facilities; or
  • infringement or patents arising from combining or using customer provided facilities with KMTSNETs or its affiliates facilities

Termination and Account Suspension

The customer may terminate this Service Agreement at any time after the contract is completed without penalty. KMTSNET reserves the right to suspend or restrict the Service, at any time, or terminate this Service Agreement if:

  • the operations or efficiency of the Service is impaired by the use of your Account or the Service; or
  • any amount is past due from you to KMTSNET; or
  • there has been or is any breach of any term or condition of this Service Agreement.