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Fair Access Policy
Benefits and Privileges. This Acceptable Use and Fair Access Policy (the “Policy”) governs the use of Telesat Canada’s (“Telesat”) satellite provided Ka-band broadband internet service (the “Service”). The Service uses resources that are shared with many users. The Service also provides access to the internet which is used by millions of others. Each user of the Service benefits by being able to share resources and communicate with other members of the user community. |
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However, as with any community, the benefits and privileges available from the Service, and the internet in general, must be balanced with duties and responsibilities designed to ensure uniform access to all users of the Service.
| 1. |
Policy. This Policy is subject to the definitive agreement made between Telesat and the reseller of the Service from Telesat (“Northwestel Cable Inc”) which governs the provision of Service to Northwestel Cable Inc. and its users. Northwestel Cable Inc. shall strictly abide by the terms of this Policy and shall use reasonable commercial efforts to enforce all provisions of this Policy with its Subscribers and users. All Subscribers and users shall strictly abide by the terms of this Policy.
Telesat reserves the right to amend, modify or clarify this Policy at its sole discretion by providing Northwestel Cable Inc. with thirty (30) days prior written notice of such amendment, modification or clarification. Northwestel Cable Inc. shall have the most current Policy posted on its web site at all times which shall be accessible to its Subscribers and users. Subscribers and all users are responsible for regularly reviewing Customer’s web site to obtain timely notice of amendments, modifications or clarifications to the Policy.
THE USE OF THE SERVICE BY NORTHWESTEL CABLE INC. OR ANY OTHER PARTY CONSTITUTES SUCH PARTY’S AGREEMENT TO THE TERMS AND CONDITIONS OF THIS POLICY, AS MAY BE AMENDED, MODIFIED OR CLARIFIED FROM TIME TO TIME BY TELESAT. |
| 2. |
Rules of Use. A user of the Service shall not, intentionally or unintentionally:
| A. |
post, transmit or otherwise distribute material which constitutes, or encourages conduct that would constitute, a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user of the Service from using or enjoying the Service or the internet;
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| B. |
post, transmit or otherwise distribute material which is known, or ought to be known to be false, unlawful, harassing, libelous, defamatory, profane, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, sexually explicit, hateful or otherwise objectionable;
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| C. |
post, transmit or otherwise distribute messages constituting "spam" including, without limitation, unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing (i.e. sending mass amounts of e-mail to one system with the intent of impairing the function of such system) or any other abuse of e-mail or news group servers. Except as otherwise defined under applicable law, “unsolicited e-mail” does not include any message: (i) addressed to an individual with whom the sender has a pre-existing and ongoing business or personal relationship; or (ii) received from a non-commercial organization or entity of which the user is a pre-existing member;
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| D. |
post, transmit or otherwise distribute non-public information about companies, business entities or government entities;
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| E. |
post, transmit or otherwise distribute any software which contains a virus, bug, malicious code, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;
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upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;
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| G. |
send unsolicited e-mail messages including, without limitation, junk mail, chain mail, commercial advertising and informational announcements;
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| H. |
post, transmit or otherwise distribute material substantially similar in content to ten (10) or more news groups, forums, automated e-mail lists or other similar groups or lists (each a “List”), or post, transmit or otherwise distribute material to any List that violates or is inconsistent with the terms of use or other owner-published description of such List;
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| I. |
break, or attempt to break, the security of any computer network;
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| J. |
access, or attempt to access, an account without the right to do so;
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| K. |
use another site’s mail server to relay e-mail via the internet;
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| L. |
breach the terms of the agreement under which such user obtains the right to use the Service from Northwestel Cable Inc., or breach the terms of the agreement under which Customer procures the Service from Telesat;
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| M. |
improperly restrict, inhibit, disrupt or degrade the use of the Service by any other party or improperly restrict, inhibit, disrupt or degrade Telesat’s ability to deliver the Service;
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| N. |
perform or attempt to perform a malicious act which may reasonably result in harm or damage to Telesat’s network, or to another party’s hardware, software, privacy, use of the Service, or use of the internet;
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| O. |
install automated search and retrieve programs or similar automated and manual routines which generate excessive amounts of internet traffic;
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provide internet access to others through a dial-up connection, multi-user interactive forums, or similar means;
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| Q. |
provide a web hosting service, FTP or other content serving application, or peer to peer applications including, but not limited to, Aimster, Morpheus, Limewear, BearShare, Audio-Galaxy, KaZaA, WINMX-Napster, Gnutella, eDonkey; or
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| R. |
engage in any activity which violates generally accepted standards of internet conduct and usage, including but not limited to, denial of service attacks, web page defacement, port and network scanning and unauthorized system penetrations
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Your Equipment. It is the user’s responsibility to ensure that the computer system used to access and use the Service meets the minimum requirements stated by Telesat as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, the user’s computer equipment may cease to be adequate to access and use the Service.
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You Can Best Control the Risk and Therefore Are Responsible. Telesat does not assume any responsibility for the acts or omissions of a user of the Service. Account and password protection will be the responsibility of the user.
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Monitoring. Telesat has no obligation to monitor the Service. However, in order to protect itself and the users of the Service, Telesat will be entitled to electronically monitor the Service from time to time and disclose any information concerning users necessary to satisfy any law, regulation or lawful request. Telesat will not intentionally monitor or disclose any private e-mail message unless required by law. Telesat reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of this Policy.
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Content. Northwestel Cable Inc. and each user of the Service acknowledges that some content, products or services available with or through the Service ("Content") may be offensive or may not comply with applicable laws. Neither Telesat nor any of its affiliates attempt to censor or monitor any Content. Neither Telesat nor any of its affiliates have any obligation to monitor the use of the Service by Northwestel Cable Inc. or a user, and, except as provided herein, have no control over such use. The user of the Service assumes total responsibility and risk for access to or use of Content and for the use of the Service. Telesat and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of Content by any other party.
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Privacy. Telesat cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Telesat, therefore, recommends that the Service not be used for the transmission of confidential information.
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| 8. |
E-mail. Sending unsolicited e-mail messages, including without limitation, commercial advertising and informational announcements is prohibited. Users will not use another site’s mail server to relay mail.
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Usenet. Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists. Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owned-published FAQ or description of the group or list.
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| 10. |
System and Network Security. Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Telesat’s or a third party’s network, data or information. Users are unauthorized to monitor Telesat or third party’s data, systems or network traffic. Users are prohibited from interfering with the provision of service to any user, host or network by any means including without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. Users are prohibited from forging any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.
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Excessive Consumption. In order to ensure fair access to the Service by all users, and to protect the integrity of the Service, Telesat shall be entitled to take steps to prevent improper or excessive consumption of Service bandwidth by users of the Service. Without limiting the generality of the foregoing, Telesat reserves the right: (1) to limit throughput rates of certain bandwidth-intensive activities such as, but not limited to, audio and video streaming, and automatic file exchange applications; (2) to discontinue the provision of the Service via specific ports or communication protocols; and/or (3) increase or decrease the relative priority of any or all traffic flows.
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Contravention of the Policy. Telesat prefers to advise users of the Service of inappropriate behaviour and of any necessary corrective actions. However, if the Service is used in a way that Telesat, in its sole discretion, believes violates this Policy, Telesat may, in addition to any other rights and remedies available to it, take such responsive actions as it may deem appropriate. Telesat shall not have any liability to Northwestel Cable Inc., to the user or to any third party for any such responsive actions. Such actions include, but are not limited to:
| A. |
temporarily or permanently limiting or discontinuing the provision of Service to the Terminal of a user who has contravened the Policy; or
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blocking postings, transmissions or distributions which, in Telesat’s sole discretion, violate this Policy, before such items are forwarded or otherwise sent to their intended recipients.
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Nothing contained in this Policy shall be construed to limit any right or remedies otherwise available to Telesat in law or at equity. Telesat reserves the right to take any other legal or technical action it deems appropriate as a result of a contravention of this Policy.
Telesat reserves the right to investigate suspected violations of this Policy, including the gathering of information from the user or users involved and the complaining party, if any, and the examination of material on Telesat’s servers and network. During, or as a result of, an investigation, Telesat may suspend the account or accounts involved, remove material which potentially violates this Policy and/or take action to recover the costs and expenses caused by the offenders.
Northwestel Cable Inc. and all users hereby authorize Telesat to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other internet service providers or other network or computing facilities in order to enforce this Policy.
The failure of Telesat to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
If any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.
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NetKaster Terms of Service
Please Read Carefully
| 1. |
AGREEMENT. This Terms of Service describes the conditions between you and Northwestel Cable Inc. (“we”, “us”, “our” and other similar expressions) regarding your subscription to Broadband Internet Satellite service (the “Service”). Our Privacy Policy, Fair Access Policy and all other policies apply to the Service and are available on our web site at www.netkaster.com. By establishing an account or using the Service, you agree to be bound by and to use the Service in compliance with this Agreement and our policies. We may change this Agreement at any time. We will notify you of any changes to the Agreement by a posting on our web site, or by email, postal mail, or other means. Continued use of the Service following notice of the changes means that you agree to and accept the Agreement as amended. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Service and notify us that you are terminating the Agreement.
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THE SERVICE. The Service includes the services specified on your Service Agreement and any other services that we may provide to you from time-to-time. We provide a Broadband Satellite Internet service including related e-mail, help desk and other services. IP addresses will be dynamically and not statically assigned to you. The Service is available in select communities where site conditions permit. We provide the Service on a “best efforts” basis and does not guarantee upload or download speeds. Service speed can vary depending on location, weather, inside wiring, Internet traffic, and other factors beyond our control. The Fair Access Policy ensures equitable access for all Subscribers. To ensure this equity, customers may experience some temporary throughput limitations. This policy applies to all service plans.
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CHANGES TO SERVICE. We reserve the right to change the Service, the monthly fees or administrative charges at any time upon 30 days notice. You understand that if there is a change in satellite facilities, you may be required to realign and/or relocate your receiving antenna at your own expense in order to continue to receive the Service.
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| 4. |
TERM. This Agreement will begin upon the activation of the Services and will continue for the number of months specified on your contracted Service Agreement. Upon expiry of the initial term, we will continue to provide the Service to you on the same Service plan (or on a similar Service plan if we no longer offer the same Service plan) and in such an event these Terms of Service will be automatically renewed for successive 1 month periods until terminated in accordance with Section 7.
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| 5. |
FEES. You agree to pay us the applicable monthly fees for the Service, all applicable taxes, and any administrative charges that may be assessed (the “Fees”). You must provide us with accurate and complete billing information including your legal name, address, telephone number, and credit card/billing information, and report all changes to this information to us within 30 days of the change. You authorize us to make inquiries and to receive information about your credit experience from others, to enter this information in your file and to disclose information about you to third parties. You agree to pay all late payment charge at the compound rate of 1.25% per month (16.08% per annum) or $1.95 minimum charge, which ever is greater. This charge will be applied to all amounts remaining unpaid, one month after the date of the invoice.
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| 6. |
PAYMENTS. You authorize us to charge the Fees to the credit card by way of the pre-authorized payment plan that you specify when you purchase the Services. The automatic billing will be made each month, one month in advance and partial months are pro-rated on a daily basis. You are responsible for any fees for overdrawn accounts, exceeding credit card limits, or similar expenses resulting from automatic billing. Delinquent accounts may be suspended or cancelled in our sole discretion; however, Fees will continue to accrue until the account is cancelled. We may bill an additional charge to reinstate a suspended account. If you have questions regarding your account, you should contact our Customer Service Centre at 1- 877-991-5600. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
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| 7. |
EARLY CANCELLATION.
a) You may cancel this Agreement by giving notice of cancellation not later than 10 days after the date you receive your equipment. If you chose not to accept the Terms of Service within the 10 days grace period, you can return the equipment prior to installation and cancel this Agreement without any early termination charge; however, you will be charged a restocking fee of $150 for the return of equipment. This charge has been calculated to cover all shipping and administration costs for your cancelled order.
b) You may cancel your subscription to the Service and terminate this Agreement at any time after installation. In the event of any such termination, you agree to pay Netkaster an early termination charge based on the remaining value of your subscription package, as follows:
| Months Remaining in Term |
Termination Charge |
| 12 or less |
$195.00 or 50% of the remaining value of your subscription package, whichever is less |
| 13 to 24 |
$395.00 or 50% of the remaining value of your subscription package, whichever is less |
| 25 or more |
$495.00 or 50% of the remaining value of your subscription package, whichever is less |
These termination charges represent a genuine estimate of liquidated damages, and are not a penalty. The termination is effective when you pay the termination charge specified above.
It is not necessary to give a reason for the cancellation. You can send a notice of cancellation to the Netkaster, 5120-49th Street, Box 1469, Yellowknife, NT X1A 2P1, or via fax to (867) 873-8993 or via email to info@netkaster.com. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or electronic mail.
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| 8. |
REQUIRED EQUIPMENT. You acknowledge that we have informed you of the recommended minimum computer requirements for the efficient operation of the Service. If you authorize installation of the Service on a computer that does not meet the recommended minimum computer requirements, you will not be entitled to receive customer support for any issues other than the quality of the signal delivered to your modem. We do not represent or warrant that a non-recommended configuration will enable you to access, operate or use the Service, nor that any such installation will not cause damage to your computers, peripherals, software or data.
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| 9. |
INSTALLATION. Because the NetKaster Satellite Broadband Service, powered by Telesat Canada’s Anik F2, equipment is highly sophisticated, and regulations for installing and pointing the antenna are very stringent, a professional Ka-Band installation technician must install the equipment. You are responsible for all costs and scheduling associated with the installation. You are also responsible for all costs associated with inside wiring necessary to install the Service. Installation and use of the Equipment may result in service outages or potential damage to your computer. You are solely responsible for backing up all existing computer files. Northwestel Cable Inc. and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts on or loss of any warranty associated with the opening of your computer for installation. NORTHWESTEL CABLE INC. DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPER1ATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, NORTHWESTEL CABLE INC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICE BECAUSE OF YOUR INSTALLATION. THIS LIMITATION OF LIABILITY IS IN ADDITION TO AND IN NO WAY LIMITS ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THE AGREEMENT.
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| 10. |
DISCLAIMER AND LIMITATION OF LIABILITY. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. WE MAKE NO EXPRESS WARRANTIES AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY OUR REPRESENTATIVES OR US SHALL CREATE A WARRANTY. NORTHWESTEL CABLE INC. AND ITS EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NORTHWESTEL CABLE INC’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE PREVIOUS ONE-YEAR PERIOD. FURTHERMORE, NORTHWESTEL CABLE INC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE; ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
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TERMINATION. Either you or we may terminate this Agreement at any time after the initial term upon 30 days written notice given to the other party. If you should fail to pay the Fees or to pay any other amount owed to us at the times and in the amounts specified, or otherwise breach these Terms of Service, we may terminate the Services without notice and without any liability whatsoever. Reactivation of the Services may result in a reactivation charge payable by you as established by us. If we are prevented from providing the Services by any law, regulation, requirement, notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Services, you acknowledge and agree that we may immediately cease providing the Services without any liability to you.
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GENERAL. This Agreement shall be interpreted in accordance with the laws of the jurisdiction in which you are using the Service. We may sell, assign, or transfer your account to a third party without notice to you. You may not assign or transfer the Service without our written consent.
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WARRANTY. Our authorized 3rd Party Installation Dealers and we will warrant the labour and proper installation of the satellite antenna and modem for a period of 90 days from the date the Service becomes active. We will warrant the Outdoor Equipment supplied in accordance with the manufacturer’s specifications for a period of 12 months from date the Service is active. You agree to incur and pay all costs related to maintenance after the 90-day warranty, which may vary by region and Installation Dealer. This warranty shall be null and void if (i) repairs, moves additions or changes are made by personnel not authorized by NCI, (ii) Equipment is misused, abused, neglected or damaged by causes external to the Equipment (iii) adequate power surge protection is not provided to protect the Satellite Modem and Outdoor Equipment, (iv) you do not thoroughly meet the customer requirements as described in Part C. You agree that if the location at which work, service or maintenance is to be performed is other than where NCI or its authorized 3rd Party Installation Dealers has a stationed service person or if this warranty is null and void in accordance with Section 13, we will charge you, at the rates then in effect, for travel time plus vehicle mileage, and other expenses including air fares, charters, accommodations and meals incurred by service personnel.
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| 14. |
ENTIRE AGREEMENT. You agree that this Agreement, together with any or all addenda, constitutes the entire agreement between the parties and that this Agreement supersedes, oral or written, all previous negotiations and all other communications between the parties with respect to the subject matter.
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Privacy Policy The Northwestel Commitment to Privacy
At Northwestel, we know you are the reason we are in business. Our longstanding commitment to safeguarding your right to privacy is fundamental to those principles of our business.
Each year, we ensure that our employees review and acknowledge their adherence to our code of business conduct that requires the safeguarding and proper use of personal customer information. We also place strict controls on the protection and use of personal information within our systems and web sites and ensure that our employees are trained to respect your privacy at all times.
The Northwestel Privacy Policy and the Northwestel Code of Fair Information Practices spell out the commitments of Northwestel and our affiliate, Northwestel Cable Inc. and the rights of customers regarding personal information. They also comply fully with the Personal Information Protection and Electronic Documents Act, which comes into effect on January 1, 2001.
Policy Applies to Northwestel and Our Affiliates
The Northwestel Privacy Policy applies to Northwestel Inc. and its affiliate, Northwestel Cable Inc.
In addition to the Northwestel Privacy Policy, Northwestel Inc. and its affiliates are also subject to the requirements of applicable legislation, tariffs and regulations and the orders of any court or other lawful authority.
Any time you or your organization does business with this company, or with anyone acting as an agent on our behalf, you are protected by the rights and safeguards contained in the Policy and Code.
The Northwestel Code of Fair Information Practices
To ensure our commitment to your privacy is upheld, we have developed a formal privacy code setting out your rights and our obligations respecting the treatment of your personal information by Northwestel Inc. and its affiliates. The Northwestel Code of Fair Information Practices (the Code) complies with the requirements of the Personal Information Protection and Electronic Documents Act as well as the Canadian Standards Association Model Code for the Protection of Personal Information. (A summary of the principles underlying the Code is included at the end of this privacy policy.) The Northwestel Customer Privacy Policy (the Policy) that you are reading is intended as a less formal summary of the approach of Northwestel and its affiliates to customer privacy, including the Northwestel Code of Fair Information Practices.
Employees and Agents
The Northwestel Code of Fair Information Practices also governs the behavior of our employees and agents acting on our behalf. All of our employees who have access to personal information are being continually trained on the handling of such information. New employees receive training on privacy as a fundamental part of their initial company training. All of our employees must review and commit to the Northwestel Code of Fair Information Practices annually.
Personal Information
Personal information is information about an identifiable individual. This includes information about your product and service subscriptions and usage. Publicly available information, such as a public directory listing of your name, address, telephone number, title and electronic address, is not considered to be personal information.
Collecting Information Helps Us Serve You Better
Northwestel and its affiliates collect personal information only for the following purposes:
| 1. |
to establish and maintain responsible commercial relations with you and provide you with ongoing service;
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| 2. |
to understand your needs, preferences and eligibility for products and services;
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to recommend particular products and services to meet your needs;
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| 4. |
to develop, enhance, market or provide products and services;
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to manage and develop our business and operations, including personnel and employment matters;
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to verify credit worthiness; and
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| 7. |
to meet legal and regulatory requirements. | |
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Your personal information will not be used for any other purpose without your consent.
Sharing Information Among Northwestel and its Affiliates Will Help Us Understand Your Full Needs
The purpose for sharing information among Northwestel Inc. and Northwestel Cable Inc. is to help us identify your information, communication, and entertainment needs, and to provide you with relevant information, advice and solutions.
Should you identify incorrect or outdated information to us, we will make the necessary changes promptly.
Other Parties with Whom Northwestel Inc. and Its Affiliates May Share Personal Information
While our general policy is not to provide personal information to any party outside of Northwestel Inc. and Northwestel Cable Inc., there are certain limited circumstances, outlined below, in which it is necessary to do so. When we do provide personal information to third parties, we provide only that information that is required in the circumstances. Information provided to third parties is used only for the purpose stipulated and is subject to strict terms of confidentiality. Employees of the companies to whom we may provide information must adhere to our privacy standards. Third parties include:
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An agent acting on behalf of Northwestel or its affiliates, such as a company hired to perform installation or maintenance on our behalf;
Another communications service provider, in order to offer efficient and effective communications services (e.g., to provide wireless service while roaming in another company's coverage area);
A collection agency, for the express purpose of the collection of past due bills;
Law enforcement agencies, in emergencies, for internal security matters, or where required by court order or search warrant; and
Emergency services, in emergency situations. | |
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The Northwestel Commitment to Privacy
We take all of the necessary precautions to ensure the safeguarding of your information, whether it is stored electronically or in paper format. In all cases, information is retained in secure facilities, protected from unauthorized access and kept only as long as is reasonably required. For example, our electronic files are backed up for redundancy, password protected and accessible only by authorized employees, on a need-to-know basis.
Use of 'Cookies'
During user interaction with one of our Internet sites, we may use a browser feature called a 'cookie' to collect information 'anonymously' and track user patterns on our web sites. A cookie is a small text file containing a unique identification number that identifies your browser - but not you - to our computers each time you visit one of our sites that uses cookies. Cookies tell us which pages of our sites are visited and by how many people. This helps us to enhance the on-line experience of visitors to our sites.
Unless you specifically advise us, we will not know who you are, even though we may assign your computer a cookie. We cannot use cookies, by themselves, to disclose the individual identity of any site user, and we never combine information gathered by a cookie with personally identifiable information like your name, telephone number, or even your e-mail address.
You will find that most major web sites use cookies and most major browsers are set up to accept them. If you wish, you can reset your browser either to notify you when you have received a cookie, or to refuse to accept cookies. You do not need cookies to visit Northwestel sites. However, if you refuse to accept cookies, you may not be able to use some of the features available on our sites such as personalization features.
Privacy-Enhancing Services Offered by Northwestel
Northwestel offers a number of services to help balance the privacy interests of customers and the people they call. You can find information about Northwestel's services (e.g., Call Number Display, Call Blocking, Call Trace, Non-Published Numbers, etc.) in the introductory pages of the telephone directory, by calling our offices during business hours, or by visiting our websites at www.nwtel.ca or www.nwtelcable.ca.
Questions or Concerns
If you have questions or concerns about your privacy, you can contact us through one of the Northwestel websites listed above or call us at the number shown on your bill. Our customer service representatives will assist you in resolving the situation.
Northwestel Privacy Representatives
If you still have unresolved concerns with respect to the treatment of your personal information by Northwestel or its affiliates, you may address these concerns, in writing, to one of the following representatives who have overall responsibility for compliance with this policy and applicable privacy restrictions. You should write to:
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Northwestel Inc.
Attention: Regulatory Manager
PO Box 2727
Whitehorse YT
Y1A 4Y4
Telephone: 1-877-349-8222 (toll-free)
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Northwestel Cable Inc.
Attention: General Manager
P.O. Box 1469
Yellowknife NT
X1A 2P1
Telephone: 1-800-661-0834 (toll-free) | |
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Further Complaint Procedure
If these representatives are unable to to resolve the issue to your satisfaction, you may file a complaint with the Privacy Commissioner of Canada by calling 1-800- 282-1376 or writing to:
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The Privacy Commissioner of Canada
112 Kent Street
Ottawa ON
K1A 1H3
E-mail: info@privcom.gc.ca
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Customer Choice
You may decide that you prefer us not to share your personal information among Northwestel Inc. and its affiliates to promote products and services. If this is the case, you may advise us by visiting one of our websites or by calling us at the number shown on your bill.
Our Websites
www.nwtel.ca
www.nwtelcable.ca Top
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Northwestel Code of Fair Information Practices
Summary of Principles
Accountability: Northwestel and its affiliates are responsible for personal customer information under our control and have designated the specific representatives as accountable for compliance by the Northwestel and its affiliates with the principles.
Identifying purposes for collection of customer information: Northwestel and its affiliates will identify the purposes for collecting personal information at or before the time the information is collected.
Obtaining consent for collection, use or disclosure of customer information: We require the knowledge and consent of the customer for the collection, use, or disclosure of personal information, except where inappropriate or impractical (e.g., in emergency situations).
Limiting collection of customer information: Northwestel and its affiliates will limit the collection of personal information - by fair and lawful means - to that which is necessary for the purposes identified by the Companies.
Limiting use, disclosure and retention of customer information: Northwestel and its affiliates will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the customer or as required by law. The Companies will retain personal information only as long as necessary to fulfill those purposes.
Accuracy of customer information: Personal information will be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
Security safeguards: Northwestel and its affiliates will protect personal information by security safeguards appropriate to the sensitivity of the information.
Openness concerning policies and practices: Northwestel and its affiliates will make readily available to customers' specific information about their policies and practices relating to the management of personal information.
Customer access to customer information: Upon request, Northwestel, or one of its affiliates, as the case may be, will inform a customer of the existence, use, and disclosure of his or her personal information and will give access to that information. A customer may challenge the accuracy and completeness of the information and have it amended as appropriate.
Challenging compliance: A customer may address a challenge concerning compliance with the above principles to the appropriate representative for the company involved.
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