1. GENERAL INFORMATION
(a) These Terms of Service (the "Terms") govern the relationship for all services ordered or purchased by a customer (the "Customer") and for the services the Customer agrees to subscribe to from NFTC Communications, (hereinafter referred to as "NFTC"). All terms herein shall form part of the Service Agreement(s), residential, commercial, retail or wholesale or other subscription or order form acknowledged and/or executed by the Customer to acquire services (the "Services") from NFTC to be delivered to or provisioned at a customers' premises as stated by the Customer within the order form, subscription or service agreement (the "Customer Premises"). These Terms shall govern the relationship between NFTC and the Customer whose name appears on the Service Agreement, subscription, registration or order form, whether in paper or online via the Internet or other electronic means (collectively, the "Agreement") and the terms shall apply to every Service NFTC offers, unless otherwise specified. Any additional Services the Customer contracts to receive from NFTC, shall be covered in a separate Service-specific agreement, order form or subscription and shall be deemed to be appended to these Terms and identified as being incorporated herein if so appended. Except as otherwise or additionally outlined in the applicable service-specific agreement(s), these Terms shall apply to all NFTC Services.
(b) NFTC offers Services pursuant to the rules and regulations established by the Canadian Radio-television and Telecommunications Commission (the "CRTC") specifically, the decision on local service competition being Decision CRTC 97-8, Local Competition, 1 May 1997 (Decision 97-8) and other related decisions, orders and regulations issued or that may be issued by the CRTC. NFTC's network is connected to other local Canadian carriers, telecommunication service providers or their agents/resellers that offer service in NFTC operating territory. NFTC provides equal ease of access to other long distance service providers that offer service in its operating territory.
(c) BY ACTIVATING OR USING THE NFTC SERVICE(S), THE CUSTOMER REPRESENT THAT THEY ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. Use of COMPANY Service constitutes acceptance and agreement to NFTC's AUP (Acceptable Use Policy) as well as NFTC's TOS (Terms of Service).
2. SERVICES AND CONTRACT TERM
(a) Term for Residential & Commercial Customers
Once provisioned or in the process of being provisioned, the Customer shall be responsible for payment of the Services for a minimum of thirty (30) days and shall continue until terminated by the Customer or termination by NFTC for any other reason set out in these Terms or as directed by the CRTC. NFTC may adjust any charges pertaining to the Services without prior written notice.
(b) Termination of Service by Residential & Commercial Customers
If any NFTC equipment is not returned within thirty (30) days following cancellation, is returned in unsatisfactory condition, is damaged or broken, NFTC will charge the Customer a flat fee and the Customer is responsible for all charges as billed. Customer remains responsible for payment of all outstanding balances accrued through the effective date of cancellation as well as all disconnect fees, if any. A minimum Service Period with applicable early Termination Charge(s) may also apply. If you terminate service prior to the end of the commitment period, you agree to pay NFTC an Early Termination Fee for any promotion you accepted. For all residential services any discounts that were credited under the initial agreement will be reversed and charged to the account on a prorated basis. Commercial customers agree to pay the remaining charges for their commitment period. Early Termination fees are cumulative and in addition to any other charges or fees you may owe NFTC and any fees or charges the NFTC requires upon termination of service.
(c) Activation of Services
In offering the Services to the Customer, NFTC offers no guarantee of service delivery date or warranty of merchantability on the service date requested by the Customer. The Customer acknowledges that NFTC shall not be liable to the Customer for any delays in delivering the Services or attempting to deliver the Services. The Customer also acknowledges that there are limitations and restrictions on the Services and, accordingly, the Services will only be provided to the Customer where technology permits and are subject to availability of service. Internet speeds are not guaranteed and may vary depending on Internet traffic and other factors. If for any reason, NFTC is unable to deliver all or a portion of the Services, NFTC reserves the right to:
For greater clarity, adjustment to Services or cancellation of an unavailable Service shall not affect the remainder of the Services being provided pursuant to this Agreement and the application of such terms and conditions to the remainder of the Services shall not be affected and, Customer shall have no right to terminate the Agreement based on a claim for a particular Service being adjusted, unavailable or reduced, except as otherwise expressly set out herein. The Customer accepts that any delays in the establishment of domain hosting and e-mail accounts as part of an Internet access package are deemed to be ancillary to that part of the Services which are Internet connection bundled Services and such delays in this process will not defer the initiation of billing for the Services.
Once the Services are activated, NFTC will provide the Customer with the Services for the minimum Term as provided for in the Agreement. NFTC will install the Services up to the Customer's demarcation point as are necessary to connect the Customer's Premises to permit the delivery and performance of the Services. Such equipment shall not, however, include terminal equipment as telephones, computers and related hardware. The Customer agrees that it shall change its terminal equipment upon ten (10) days notice (or less, for urgent or emergency situations) from NFTC if the Customer's equipment or software has caused damage to NFTC equipment or network or is dangerous or interferes with service to others. NFTC may, at its discretion, cancel or refuse to provide Services to the Customer for reasons including:
(d) Reduction, Termination or Cancellation of Service by NFTC - all Services
NFTC may reduce, terminate or suspend the Services at its option to the Customer including, but not limited to the following circumstances:
If the Services are terminated as aforesaid, and are subsequently restored to the Customer for the same or new Services, the Customer will be charged a new installation charge and/or administration fee which corresponds to NFTC current standard installation charge; promotional prices do not apply.
Upon the expiration or termination of this Agreement, the Customer shall be obligated to fulfill all obligations or liabilities arising prior to such termination any and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.
In the event of a suspension or termination of NFTC Services, all features and Services, including emergency 9-1-1 Services to the applicable telephone numbers may be suspended or terminated. A suspension or termination of the Services will not affect the Customer's obligation to pay any amounts owed to NFTC, before, during or after the suspension or termination. An administration fee may be levied in order to reconnect the Services following a suspension or termination of the Services.
(e) Long Distance and Operator Service
(f) Consumer Safeguards and 900 Services
While NFTC makes every reasonable effort to identify and avoid long distance fraud, the Customer is responsible for the calls originating from or accepted on the Services or the telephone line(s) and any charges associated therewith. Therefore, it is the Customer's responsibility to inform all users of the Customer's telephone lines at Customer's Premises that are subscribed for and acquired by the Customer and for all calls dialed on or accepted on the telephone line or Services to be aware of the risks associated with use of the Services. PLEASE BE AWARE that Long distance fraud or hijacking can occur when the Customer dials a number or accepts a call that is intercepted by a third party with the intention of making fraudulent use. A computer connected with a modem to a phone line can be a source of toll fraud. The Customer is solely responsible for the use, for allowing others to access and to safeguard the use of all equipment located at the Customer's Premises and for the use of the telephone line(s) and Services subscribed for from NFTC. For safeguard purposes, NFTC protects its customers by automatically blocking long distance calls to countries that are known destinations for long distance fraud.
NFTC also blocks access to 900 and 976 series pay numbers by default. Customer's may call NFTC Customer Care and provide written authorization to release these numbers for use and to remain unblocked on their telephone line(s). Administration charges will apply for requests to unblock, block and for any subsequent similar requests.
(g) Re-Termination of Circuit -In the event that the Customer requests
In the event that the Customer requests a re-termination of its circuit (relocate the termination point of the telephone company's dedicated leased line at the Customer's premises), the Customer will be responsible for all fees assessed by NFTC and the telephone company. NFTC will not be responsible for any disruptions to the Services caused by any such re-termination.
3. BILLING POLICY AND PAYMENT
(a) Invoicing and Payment. Monthly charges for the Services will be invoiced in advance of the period for which the service is given and are due on the due date shown on the invoice. Recurring automatic payments are due on the 26th of the month (or next banking day) in which the service is billed.
(b) All usage based Services (if applicable), including but not limited to Services such as operator Services, directory assistance, pay per use, long distance and burstable Internet Services, will be invoiced at the end of each bill cycle during the Term. All payments are due on the due date shown on the Customer invoice and may be made in accordance with the applicable payment method made available by NFTC and selected by the Customer. Please refer to your monthly invoice for all payment methods that have been established by NFTC. Payments are considered overdue when not received in time for posting by the due date shown on the invoice. Interest WILL be charged on all overdue amounts at a rate of 1.25% per month /15.0% annually from the due date, until payment is received by NFTC. Declined payments returned for any reason are subject to a $30.00 returned item charge per first time occurrence and $60.00 per second and subsequent occurrences within a 12 month period. Automatic payments will appear on your credit card statement/financial institution statement as "NFTC COMMUNICATIONS". Service will be interrupted on accounts that are past due. Services interrupted for non-payment are subject to a reconnect charge of a minimum of $25.00 or the activation fee of the service at the time.
(c) Installation Fees. One-time installation fees, if applicable, for setup and installation of the Services, are due and payable concurrent with receipt of the first invoice issued to the Customer. However, NFTC reserves the right to require upfront payment of installation fees (if applicable) upon ordering of the Services or execution of the Service Agreement.
(d) Taxes. All prices and charges for the Services, are subject to and do not include all applicable taxes, including all federal, provincial or local sales taxes, use taxes or any similar tax which may be levied in respect of the installation, operation and maintenance of the Services and related hardware.
(e) Rental charges for equipment will be included along with the applicable taxes on the NFTC invoice. Charges for equipment will apply if equipment is not returned from the Customer's Premises to NFTC offices. If the equipment is not returned within thirty (30) days following cancellation, is returned in unsatisfactory condition, is damaged, tampered with or broken, NFTC will charge the Customer a flat fee and the Customer is responsible for all charges as billed. Customer remains responsible for payment of all outstanding balances accrued through the effective date of cancellation as well as all disconnect fees, if any.
(f) Security Deposit. NFTC reserves the right to require a security deposit equal to a minimum of three months of anticipated future charges prior to the activation / continuation of any Services in circumstances where there is an abnormal risk of loss. For example, where the Customer has incurred a significant amount of long distance or other usage-based charges or, in situations of suspected fraud; or in connection with the credit criteria as set out below. In such cases, charges will be considered past due when the time period for your payment as specified by NFTC has lapsed.
(g) Increase in Charges. NFTC reserves the right to change the monthly recurring charges and usage-based Services.
(h) Invoice Inquiries and Disputes. Invoice inquiries and disputes must be brought to NFTC attention within 30 days of the invoice date, or the Customer will be deemed to have accepted the invoice as accurate in all respects. NFTC will review any disputed charges, provided the Customer continues to pay any undisputed portion and subsequent invoices.
(i) Retroactive Charges. NFTC reserves the right to bill for Services rendered for up to one year from the date of occurrence that such Services were not invoiced or as a result of fraudulent usage.
4. CREDIT APPROVAL AND SECURITY DEPOSIT POLICY
(a) Credit Approval. Provision of the Services is conditional upon NFTC being satisfied with the results of an investigation of the Customer's credit worthiness and being satisfied with the results of such credit checks. The Customer's acceptance of the Services signifies the Customer's approval, authorization and acceptance of NFTC's initial and continuing credit review and approval. For clarity, by execution of the Agreement, a subscription, a registration, an acknowledgement or a work order form in paper, online via the Internet or other electronic means, the Customer expressly authorizes NFTC and those acting on its behalf, from time to time, to the release and retention of any and all information necessary to investigate and complete a credit review to establish creditworthiness and the right to make current and ongoing inquiries about the Customer which are necessary to establish and maintain good credit with NFTC; and to the receipt and exchange of information about the Customer with credit or consumer reporting agencies. The Customer authorizes NFTC and credit and reporting agencies to release; share or exchange reports about the Customer to NFTC for the purpose of establishing this credit. Customer credit information will not be made public to any party other than the Customer and credit reporting agencies.
(b) Criteria for Security Deposit requirement. NFTC reserves the right and may require a security deposit at any time if the Customer:
NFTC will inform the Customer of the reason for requiring a deposit and the amount of the deposit and will advise the Customer of the possibility of providing an alternative to a deposit that may be acceptable, such as arranging for third party payment, a bank letter of credit or a written guarantee from a third person whose credit is established to the satisfaction of NFTC. Otherwise, NFTC reserves the right to limit or suspend Service(s) which are considered to be a default under these Terms or a breach of the Agreement by the Customer, and the Customer may be subject to cancellation penalties in such event.
(c) Refund of Security Deposit. Any deposit received will be credited to a Customer's account after at least 12 consecutive months in good standing on all Service accounts. The Customer will not earn any interest on any deposits held by NFTC. If the Customer's Service is cancelled, the deposit will be applied against the outstanding balance on the Customer's account and refund any remaining balance.
5. RESTRICTIONS ON USE OF SERVICES AND ACCEPTABLE USE POLICY
The following restrictions apply to the provision of the Services:
(a) Illegal Use. The Services are not to be used for any unlawful or illegal purpose. The use of the Services by the Customer shall comply with all applicable government codes, ordinances, laws, rules and regulations.
(b) Sharing / Reselling of Services. The Services are not to be shared or resold to any party, except with the written consent and agreement of NFTC, or where such resale or sharing may cause NFTC to violate the terms of its interconnection or other arrangements with other carriers or the rules and regulations of CRTC.
(c) Violation of System/Network Security. NFTC reserves the right to pursue civil or criminal action against the Customer and to cooperate with law enforcement in actions including:
If the Customer is involved in a security violation investigation, an “Investigation Fee” of not less than $50 will be charged to the Customer’s account for the second security violation and may result in immediate suspension or termination of Customer's account.
(d) Third Party Use of Services. The Customer shall not permit third parties to use the Services, including without limitation, initiating any transmission from the Customer's Premises, and the Customer shall not itself initiate any transmissions from the Customer's Premises on behalf of any third party, except where such initiation or transmission comprises part of the primary business of the Customer to resell NFTC Services and with the prior written agreement of NFTC.
(e) Proprietary Rights of NFTC. All software (if any) provided to the Customer by NFTC, shall not be copied, distributed or sub-licensed except one copy of the software may be made for backup purposes. Except with the prior written agreement of NFTC, the Customer shall not use the Services to upload, post, publish, transmit, reproduce or distribute information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining the written permission of the copyright owner or right holder. The Customer shall not, except with the prior written agreement and consent of NFTC, re-sell or attempt to re-sell the Services or use the Services for the operation of an Internet service providers' business or any other business which competes directly or indirectly with NFTC or operate a server in connection with providing the Services to a third party, including mail, file, gopher, news, chat, telnet, web or host configuration servers, multimedia streamers or multi-user interactive forums.
(f) Email, Usenet and Voice Mail Facilities. The Customer shall not use the Services to send unsolicited messages including advertising and information announcements or post the same or similar messages to one or more newsgroups or for mass distribution, including cross-posting or multiple-posting, bulk mailing, and junk mailing, also known as "Spam", chain letters or pyramid schemes schemes (which actions shall be hereinafter referred to as "SPAM").
If a recipient asks the Customer to stop sending SPAM, (whether by fax, voicemail or e-mail), then the Customer must immediately suspend delivery and not send any further messages to that person or persons. In addition, the Customer shall not use any third party entity or entities that sends, redirecst or posts Spam on the Customer's behalf to advertise services that are hosted by or connected to the NFTC Internet network. The Customer must also refrain from posting advertisements in newsgroups whose Frequently Asked Questions (FAQs) / chargers explicitly prohibit it. It is the Customer's responsibility to be aware of such restrictions particular to different newsgroups.
SPAM (as defined in our AUP and above) is strictly prohibited. NFTC has a ZERO TOLERANCE policy toward SPAM and NFTC will take steps to limit the Customer's use of NFTC services and the NFTC Internet network in the event the Customer does not abide by this policy or inadvertently allows its computers and or persons using the Customer's computers, facilities and equipment to generate, send or redirect SPAM. The Customer hereby agrees to permit NFTC to take whatever steps are necessary to limit SPAM generation from the Customers computers and to fully cooperate with NFTC in eliminating SPAM from the NFTC network. The Customer agrees such steps may include termination of the Customers service.
The Customer agrees that the first violation of this policy will result in an "Investigation Fee" of up to $50 being charged to the Customer by NFTC and will result in the Customer's account will be reviewed for possible immediate termination. In the event the Customer commits a second violation of this policy the Customer will be charged a further additional "Investigation Fee" of up to $500 and agrees to permit NFTC to immediately terminate the Customer.s account either on a temporary or full time basis. The Customer agrees to permit NFTC, or its agents, access to its premises to inspect, review, modify and repair if necessary the Customer`s computers, facilities and equipment in the event the Customer commits a second or further violation of this policy. Customer agrees that such intervention(s) shall be solely at the discretion of NFTC. In this event the Customer shall be responsible to pay any and all costs incurred by NFTC, or its agents, and agrees NFTC may add such costs to the Customer`s account in the event any costs are not paid within 10 days of the services being rendered.
(g) Faking or forging an Internet Protocol ("IP") address other than the ones allocated to the Customer by NFTC (sometimes referred to as "spoofing") is prohibited.
(h) Uploading, posting, publishing, defacing, modifying, transmitting, reproducing, or distributing in any way, any information, software or other material which is protected by copyright, without obtaining permission of the copyright owner or right holder; or obtain or attempt to obtain NFTC Services by any means or device with intent to avoid payment or to defraud is prohibited
NFTC may immediately and, without notice, suspend or terminate the Customer's Service and terminate the Agreement immediately for the Customer's failure to comply with NFTC's Acceptable Use Policy set out in this Section. For greater clarity, any such violations of this Policy by the Customer or any third party accessing or using the Facilities shall be deemed to be violations of this Policy by the Customer. NFTC reserves the right to charge the Customer for all direct and indirect costs and damages relating to any breach of its Acceptable Use Policy.
NFTC disclaims any obligation to monitor the content of information and/or materials on its network and exercises no control whatsoever over the content accessible on the Internet. However, NFTC may monitor such content electronically from time to time, to measure usage, and may also disclose any such information where required by law pursuant to a lawful order of a court exercising jurisdiction against the Customer and may remove any information or materials which are unacceptable, undesirable or in violation of this Agreement and without notice to or the consent of the Customer.
6. PRIVACY STATEMENT
NFTC is committed to upholding all governmental obligations, laws and regulatory requirements. NFTC is committed to following the privacy regulations as required by the Personal Information Protection and Electronic Documents Act ("PIPEDA") and has taken steps to ensure that all customer information is acquired and retained only for opening, setting up and maintaining accounts and customer credit for NFTC Services. Included among these Services are telephone Services for emergency 9-1-1 calls, local and long distance calling and related features, data and Internet Services. In addition, we would use Customer information for maintaining Customer accounts; verifying credit worthiness; protecting Customer's from identity theft, fraud, misuse and/or authorized access to your account or personal information; share application and transaction information with employees, contractors, credit and consumer reporting agencies and other parties who have a need to know and have financial information or dealings with our Customers for purposes of maintaining Customer accounts.
Except as may be required by law and in connection with establishing and maintaining good credit, customer information that is provided to NFTC is not shared with anyone other than those who are employed or contracted with NFTC to set up, provision, implement and maintain NFTC Services and accounts as stated above. Except as otherwise stated herein, we do not share this information with any other third party for any other purpose. Information obtained is only accessed by those who need to know for the purposes set out herein and is stored in a secure location, both paper and electronically.
After becoming a customer, a customer that wishes to terminate their Services and remove their personal information from our records, can do so by following any current contractual commitments associated with NFTC Services or these Terms, and by simply informing us. Customer information will only be retained as long is necessary for the effective termination of their Services, or as required by any local, provincial or federal authority or regulating body. Thereafter, customer information will be removed from our records.
If a Customer does not wish to receive notice of special offers or other marketing information from NFTC, or if a Customer would like to receive only certain types of communications from us, please let us know. Questions regarding a Customer account or Customer personal information may be made by contacting NFTC Customer Care by telephone at 1-888-638-3575 or by visiting our website at http://www.frontenac.net/
7. INTERNET SERVICES
(a) Internet Access and Domain Name. The Customer assumes responsibility for selecting its domain name and ensuring that use of the domain name does not conflict with the right of any other person. Without limitation, NFTC shall not be liable to the Customer, or any other person, arising from actual or threatened termination of the Customer's right to use a domain name. The Customer agrees to pay any third party costs associated with obtaining, migrating, maintaining or canceling the main domain name. Upon approval from the Customer, NFTC may coordinate the migration of the role of controlling DNS (Domain Name System) for the Customer's domain name. NFTC will require a written authorization confirming this with the Internet domain name authority before performing this DNS transfer. The Customer is required to fulfill its component of the migration process within 72 hours after Test and Activation is completed. The Customer accepts that Customer delays in the migration process beyond this time will not defer the initiation of billing for the DSL Services and its components. For greater clarity, the email accounts and web space included in the Services shall only be made available to the Customer within thirty (30) days of a written request from the Customer stating that such Services are required, provided that the Customer has first provided NFTC with all information necessary for setting up such Services.
(b) IP Address Ownership. The Customer acknowledges that NFTC is the sole owner of all IP addresses allocated to the Customer. The IP addresses allocated to the Customer will be returned to NFTC upon cancellation or termination of the Services. NFTC reserves the right to change, modify, cancel or revoke the IP allocations and addresses at any time without notice.
(c) Internet Filtering. NFTC is not responsible or liable for the security of the Customer's Internet connection.
(d) Internet Security. The Customer is responsible for the security of its network and any devices or services attached to a NFTC Internet Connection.
(e) Safeguard. It is the Customer's responsibility to take whatever steps it deems necessary to safeguard any devices, services or data that are connected to the Internet over a connection provided by NFTC, including, but not limited to, firewalls, proxy servers and virus protection mechanisms.
(f) Content Filtering. NFTC makes every effort to block SPAM and Internet viruses, however, NFTC is not responsible for re-configuring the Customer network or for any content filtering service or type of special configuration on Customer Internet Services, including, firewalls, proxies or any other Customer premise hardware, software, equipment or otherwise.
NFTC and/or its directors, officers, employees, contractors or agents, shall not be liable in any way or manner whatsoever to the Customer or to any person, firm or corporation whatsoever, for any delay, loss or damage (whether direct or indirect or founded in tort or contract or otherwise at law or in equity) including, without limitation, resulting from:
(g) Telephone Charges: NFTC is not responsible for tolls acquired from long distance dialing or line usage. The Customer is responsible for calling the local phone company to determine if the access number used to access Company's network is a local call.
(h) Internet Support Boundaries and Definitions: NFTC provides basic Internet technical support to Customer's during regular technical support hours as posted at http://www.frontenac.net. NFTC limits technical support to their area of expertise. Not all personnel have the same areas or levels of expertise, the Customer may be referred to another member of the support team who is not currently available in which case that team member will contact the Customer at the team member's earliest availability.
(i) Reduction of Internet Services NFTC may reduce, terminate or suspend the Internet Services at its option to the Customer including, but not limited to if the Customer uses the Internet Services in excess of the amounts which are set for the product ordered by the Customer.
8. TELEVISION SERVICES
(a) Programming. NFTC reserves the right to suspend or permanently cancel certain channels. NFTC also reserves the right to modify the channels in its packages. Individual programs may be blacked out in your local viewing area due to restrictions imposed by the providers of such programming or the rights of Canadian programming services, and agree that NFTC may at its discretion substitute alternative programming to replace the suspended, cancelled, or blacked out programming. In the event that channels are cancelled or your package is changed, you will be able to cancel your subscription to the programming package containing such channels, effective at the end of your current billing period.
(b) Facilities. NFTC is not responsible for the maintenance or repair of facilities or equipment owned by you, and does not guarantee that the Services will operate with all television sets, remote controls, home theatre components or other audio/visual equipment. The Services require electrical power to operate, which you must supply at no charge to NFTC, and you acknowledge and accept that you may lose service during a power outage unless you supply, install and maintain at your own expense a battery backup power system.
(c) Charges. You are responsible for all charges properly billed by NFTC to your account, including charges for all video on demand and pay per view programming ordered from any set top box providing access to the Services, regardless of who ordered such programming. You are responsible for setting and securing a password on your set top box to prevent unauthorized purchases. You may dispute charges for programming you do not believe were ordered from a set top box providing access to the Services.
(d) Private Viewing. You may only use the Services at your premises for your own private home viewing. You may not redistribute or publicly display any portion of the Services, or use the Services for any commercial purpose. You may not attempt to circumvent any encryption technique or other copy protection method used to restrict access to programming on the Services. You may not directly or indirectly charge any person for the use of the Services, or re-arrange, disconnect, remove, repair, or otherwise interfere with any NFTC facilities or equipment. You may not use the Services in any way that interferes with the ability of other customers to use services provided by NFTC fairly and proportionately, and NFTC may, at any time, limit the use of any Services in order to prevent such interference. NFTC may require you to change or disconnect any of the facilities or equipment at your premises providing access to the Services if they interfere in any way with the Services or the operation of NFTC’s facilities or equipment.
9. DIGITAL HOME PHONE AND VOICE OVER INTERNET (VoIP) SERVICES
(a) EMERGENCY SERVICES - 911 DIALING
NFTC Communications offers a form of 9-1-1 Service (9-1-1 Dialing) that is similar to traditional 9-1-1 (911) service but has some important differences and limitations when compared with enhanced 9-1-1 Service (E911).
Digital Home Phone Emergency Response Centre. With traditional 9-1-1 service, your call is sent directly to the nearest emergency response centre. The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to confirm your address and call-back number with the operator. Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.
(b) Use of Digital Home Phone Service and Device by Customer's outside Canada and the United States. Although we encourage you to use the Service to place calls to foreign countries from within Canada and the United States, and to use your adapter to make calls while outside of Canada and the United States, we do not presently offer or support the Service in any countries other than the United States and Canada. If you use the Service or the Device outside of the United States or Canada, you will be solely responsible for any violations of local laws and regulations resulting from such use.
(c) Number Transfer on Digital Home Phone Service Termination. Upon the termination of your Service, we may, in our sole and absolute discretion, subject to applicable law, release to your new service provider the telephone number that you ported (transferred or moved over) to us from your previous service provider and used in connection with your Service if:
(d) Digital Home Phone Service Distinctions. The Digital Home Phone Service is not a telecommunications service and we provide it on a best efforts basis. Important distinctions exist between telecommunications service and the Service offering that we provide. The Service is subject to different regulatory treatment than telecommunications service. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
(e) 0+ or Operator Assisted Calling; x11 Calling. The Digital Home Phone Service supports 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls or calling card calls). The Service may not support other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) services in one or more (or all) service areas. International Operator assistance is not supported.
(f) Change of Number. You have no property right in any phone number assigned to or used by you. We shall be entitled to change any such number where we determine, in our sole discretion, that such a change is necessary. We shall give you reasonable advance written notice of such a change, except in cases of emergency, where oral notice shall be given.
(g) Incompatibility with Other Services.
Home Security Systems. The Service may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any alarm monitoring or security system with the Service.
10. ACCESS AND FACILITY REQUIREMENTS
(a) Customer Demarcation Point -The Customer demarcation point for Services will be; in the case of Internet Services, the NFTC installed Customer Premise Equipment (CPE); or in the case of telephone Services, generally, the demarcation point is a standard location where all external wiring feeds, terminates and connects with the Customer owned inside wiring, for example; a telephone riser or inside terminal and may not necessarily be physically located in the customer's home, suite or office, but may be located in a closet within a multi-dwelling unit (residential or commercial) or on the side of residential unit or nearby outbuilding or point of presence (the "Demarcation Point"). NFTC is not responsible for any equipment beyond the Demarcation Point, save and except for NFTC CPE device. The Customer supplies all other facilities and equipment including, without limitation, all telephone terminals or computer equipment necessary to connect the Customer facilities and equipment up to the Demarcation Point, which is the point where NFTC facilities end and the Customer facilities begin. The Customer must remove or change any equipment that causes damage to the network or facilities of NFTC that are dangerous, or interfere with service to others.
NFTC has no obligation to maintain or repair facilities or equipment leased or owned by the Customer. However, upon request of the Customer, NFTC may provide maintenance and repair service to your facilities and equipment at the Customer's sole cost and expense, including repairs to inside wire and/or terminating jacks/connectors.
(b) Access Requirements
The Customer shall obtain and grant to NFTC, its employees, agents, contractors and subcontractors, access to service sites at any reasonable and agreed upon hour for the purpose of providing requested Services to the Demarcation point, including installation, maintenance and removal of NFTC equipment and/or facilities.
(c) Facility Requirements. The Customer shall grant to NFTC the right to install such equipment and/or facilities as are necessary to provide the Service(s), and to permit performance of the Service(s). In order to enable NFTC to provide the Service(s), (including installation, maintenance and removal), the Customer shall provide or cause to be provided, at each service site at no cost to NFTC and in a timely manner, the following:
On-site contacts and the telephone numbers at the site by which NFTC will be able to contact the Customer by telephone in accordance with the Agreement.
(d) Documentation Requirements. The Customer shall furnish to NFTC any necessary documentation required to grant NFTC the legal right to locate its equipment at a site including free and uninterrupted access thereto (subject to the Customer's internal requirements), as well as any necessary documentation acknowledging that the equipment is the property of NFTC.
11. NFTC NETWORK, SERVICE FACILITIES AND EQUIPMENT
(a) Except where otherwise stipulated by special agreement, and subject to availability of Services, NFTC will furnish and install equipment and facilities required to deliver and activate the Services to the Demarcation Point, including rental equipment (if any).
(b) Notwithstanding that rental equipment or facilities (i.e. a router or other device) are located on a site provided by the Customer, NFTC shall be the sole and exclusive owner of wiring, hardware, equipment or facilities provided by NFTC, unless such equipment or facilities are purchased or provisioned by the Customer, all equipment will remain the property of NFTC. Certain Services and fees, such as High-speed Internet Services, as described in the Customer order or Agreement, include the cost of a router or other device as rental equipment and all applicable taxes.
(c) Such equipment or facilities shall remain the property of NFTC, and shall not by reason of the attachment, installation or connection of any part thereof to any realty become or be deemed a fixture to such realty, nor be pledged as part of collateral to any third party and the Customer hereby grants a security interest in any and all of NFTC equipment and facilities.
(d) In order to evidence NFTC ownership and security interest in the NFTC equipment and facilities, NFTC shall be entitled to at its sole discretion and the Customer hereby grants permission, to register a notice of security interest under the Personal Property Security Act (Ontario) within the applicable government registry. The term of the registration shall be consistent with the Term of the Agreement.
(e) NFTC, at its sole option, may either abandon or remove any NFTC equipment or facilities located at a Customer site upon the termination of the Services, but shall not be obligated to remove it.
(f) The Customer shall maintain all equipment, including rental equipment, in good working order, reasonable wear and tear from normal use excepted. The Customer shall bear all risk of loss or damages, whatsoever to NFTC equipment, including rental equipment, while in Customer's possession, including, but not limited to, damages or losses incurred as a result of theft, loss, electrical surges, water, and fire, tampering or upset. NFTC reserves the right and by acceptance of these terms, Customer authorizes NFTC to charge the Customer all costs relating to the repair or replacement of damaged or lost equipment on the Customer's invoice, and if required, deducted from a security deposit, or automatically charged to a pre-authorized account.
(g) If the Customer fails to pay the costs of loss, repair or damage which are invoiced by NFTC as set out above by the due date shown on the invoice or communication, Services may be disconnected and all steps will be taken to enforce collection of amounts owing. The Customer remains liable for all other charges irrespective of the reason for cancellation of the Services.
(h) NFTC shall be responsible for, and bear the expense of, ordinary maintenance and repairs of its own equipment or facilities necessary to provide the Services, and will arrange routine scheduled maintenance in advance with the Customer.
12. SCHEDULED NETWORK DOWNTIME
(a) To ensure that NFTC Network is operating at optimal performance, NFTC reserves the right to schedule and inform Customer's of periodic downtimes for diagnosis and maintenance. All care will be taken to minimize any service disruption and to provide advance notice.
(b) Installation, inspection, maintenance, repairs and/or removal of the NFTC Services and equipment may result in service delays, outages or potential damage to the Customer's computer or other equipment. The Customer thus acknowledges to make ready its own equipment and, agrees to back-up all computer and other electronic files prior to installation of the NFTC Services, facilities and equipment. NFTC shall not be liable for any delays, damage, loss or destruction of any of the Customer's software, files, data, business or personal losses in connection with the installation, inspection, maintenance, repairs and/or removal of the NFTC Services.
(c) As a precautionary measure, the Customer agrees to make alternate arrangements for telecommunication or Internet Services during the installation, inspection, maintenance, repairs and/or removal by NFTC. The Customer also agrees to run a virus check of software prior to the installation of the NFTC equipment and periodically thereafter to ensure that the Customer's computer does not contain any viruses which may interfere with the proper operation of the NFTC equipment and Services. NFTC takes no responsibility for making alternate service arrangements for the Customer during the installation, inspection, maintenance, repairs and/or removal of the NFTC Services and equipment or for checking for computer viruses prior to installation of NFTC equipment and Services and thus will not be liable for any delays, damages, loss or destruction to the Customer's personal or business files, software, hardware or data as a result of the operation of the NFTC equipment and Services should the Customer's computer contain a virus or for such delays in providing NFTC Services.
13. RESTRICTIONS ON USE OF NFTC EQUIPMENT
NFTC Services, equipment or facilities shall not be rearranged, disconnected, removed, repaired, altered or otherwise interfaced with, except by special agreement with and prior approval of NFTC. Customer-provided terminal equipment may be attached to NFTC facilities at the Demarcation Point (as defined herein).
14. LIMITATION OF LIABILITY AND INDEMNIFICATION
Limitation of Liability
(a) NFTC and/or its directors, officers, employees, contractors or agents, shall not be liable in any way or manner whatsoever to the Customer, or to any person, firm or corporation whatsoever, including, but not limited to the following reasons:
Under no circumstances shall NFTC be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any loss or interruption of business or lost profits, even if such damages were reasonably foreseeable. No agents or employees of other carriers shall be deemed to be agents or employees of NFTC.
In subscribing for NFTC Services, you obtain no proprietary right or interest in, any particular facility, Service, equipment, telephone number or code associated with the Services.
Indemnity by Customer
(b) The Customer shall indemnify and save NFTC and its directors, officers, employees, contractors, agents or shareholders harmless from and against all damages, suits, claims, judgments, costs or expenses of any kind, including legal fees, howsoever arising in connection with the provision of the Services or equipment to the Customer pursuant to this Agreement, including without limitation with respect to the violation of any law or regulation or copyright or trademark infringement which may arise in relation to the provision of the Services and/or equipment. This section shall survive the termination of this Agreement.
(c) In addition, the Customer agrees to indemnify and hold NFTC harmless from all claims, including fees and expenses of counsel, resulting from the Customer's use (or the use by others with the Customer's explicit or implicit consent) of NFTC Services, or Customer codes, facilities or equipment, which causes direct or indirect damage or harm to another party or the property of another.
(d) If NFTC equipment or facilities are presently located at or are to be installed on property or premises occupied by the Customer, but not owned by the Customer, the Customer agrees to be responsible for obtaining and maintaining the consent of the owner or landlord to place such facilities or equipment on the property or Premises. The Customer agrees to indemnify and save harmless NFTC from any and all actions, causes of action, claims, actions or demands arising or resulting from any lack of such consent.
(e) The Customer must not use, in any manner or circumstances whatsoever, NFTC trademarks, trade names, logos or designs, and has no authority to act on behalf of NFTC.
To the maximum extent permitted by applicable law, the NFTC Parties, as defined below, will not be liable to you or to any third party for any direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; property damage; personal injury; death; or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the services provided by NFTC or any advertisements, promotions or statements relating thereto, even if any of the NFTC Parties were negligent or were advised of the possibility of such damages. NFTC Parties includes NFTC and its affiliates, together with their respective officers, directors, shareholders, employees and contractors.
NFTC may assign or transfer all or part of its Agreements and Services without the consent of the Customer. The Customer shall not transfer or assign its interest or delegate its duties or responsibilities under its Agreement for Services without NFTC prior written consent, such consent shall not be unreasonably withheld and, provided that NFTC has satisfied itself as to the identity of the assignee, financial, credit or otherwise and that the assignee signs an assumption agreement or change of responsibility, agreeing to be bound by all of the terms and conditions of the NFTC Agreement for Services. Any transfer or assignment contrary to this section shall be deemed a material breach of the Agreement giving NFTC a right to terminate the Agreement and will not release or relieve the Assignor Customer from any of the terms of the Agreement or these Terms.
16. SECURITY OF TRANSMISSIONS
NFTC does not represent, warrant, covenant or guarantee that transmissions initiated by the Customer in the course of using the Services cannot or will not be received or intercepted by any other person(s).
17. FORCE MAJEURE
NFTC shall not be liable for any delay in the performance or for non-performance in whole or in part, of the Services and periods set out for performance of responsibilities as a result of acts of God, floods, war, fires, natural disasters, famine, earthquake, embargoes, labor disputes, casualties, civil disturbances, acts of civil and military authorities, fibre, cable, equipment or other material or component failures, fibre cuts, lack of or delay in transportation, shortages, unavailability or delay in delivery not resulting from the responsible party's failure to timely place orders therefore, government codes, permits, ordinances, laws, rules, regulations or restrictions, or any other contingency beyond its reasonable control.