eagle.ca Terms & Conditions of Use

eagle.ca is owned and operated by 1088445 Ontario Limited. "Service" refers to the dialup and broadband Internet services provided by eagle.ca and its associated companies. The terms broadband and highspeed are interchangeable for the purposes of this document.

1. Limitation of Liability. eagle.ca makes no warranties of any kind, whether express or implied, including but not limited to the merchantability or fitness for a particular purpose with regard to the Service or any merchandise, information or content or service provided on the Internet in relation to the Service it is providing. eagle.ca will not be responsible for any damages incurred by subscribing to the Service. This includes but is not limited to loss of data resulting from delays, non-deliveries, or service interruptions caused by its own negligence or the negligence, errors or omissions of its suppliers or your errors or omissions. You agree to indemnify and hold harmless eagle.ca from any claims resulting from your use of the Service that damages you or another party.

2. Service Continuation. eagle.ca does not guarantee the availability or continuation of any individual component of the Service, nor any group of services. The Service may be withdrawn, altered, or added to at any time without notice.

3. Use of eagle.ca Network. eagle.ca's network may be used for lawful purposes only. Transmission of any material in violation of any Federal, Provincial or local law or regulation is prohibited. This includes, but is not limited to copyrighted material and material legally judged to be threatening or obscene. eagle.ca may at its sole discretion provide law enforcement officials with your name, address and telephone number as recorded in our files, paper or electronic, in any investigation of unlawful activity if asked to do so under lawful authority.

4. Service Availability. Due to the nature of the Service technology, eagle.ca reserves the right to deem the Service unavailable to you up to, including, and after the installation. eagle.ca assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographic area, even where such unavailability occurs after installation of the Service.

5. Performance Levels. Factor's influencing service speed and overall performance of your dialup and/or DSL connection include, but are not limited to, your location's distance from the incumbent phone company's Central Office, the quality of the line used to deliver the Service and network traffic experienced upon the eagle.ca network, its suppliers' networks and the wider network architecture of the Internet itself. Factor's influencing service speed and overall performance of your wireless connection include, but are not limited to, your location's distance from the eagle.ca transmission site and network traffic experienced upon the eagle.ca network, its suppliers' networks and the wider network architecture of the Internet itself. As such eagle.ca does not guarantee Service performance (including speeds) levels.

6. Security and Privacy. eagle.ca will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software, hardware or a combination of both), from infection, theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate suspension or termination of your Service. Due to the underlying technology of the Internet, eagle.ca cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information without appropriate security measures being taken by you. Any such use shall be at your sole risk and eagle.ca, its affiliates and its agents shall be relieved form all liability in connection therewith.

7. Acceptable Use Policy. At the discretion of eagle.ca and its officers, access to eagle.ca's network may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. eagle.ca and its officers are deemed to be the sole authority to define abusive conduct on the system, and definitions may periodically change or be amended to previous ones.

a. Abusive conduct includes but is not limited to:
• sending of Unsolicited Commercial Email (UCE) or Spam messages from an eagle.ca email account, access account or via the eagle.ca email servers. Clients found to be sending UCE or Spam messages may have their accounts permanently terminated without notice. Websites promoted through UCE or Spam that are found to be hosted on eagle.ca servers will be immediately disabled.
• sending a large amount of data or a large number of packets of data to the eagle.ca network or another network with or without the intention of disabling or causing damage to that network or its users.
• using any program which provides access to another person's computer or access to another network without the express permission of that person or network.
• using a program that looks for potential entrances to another person's computer or another network, without the express permission of that person or network.

b. Any access to other networks through eagle.ca's Service must comply with the rules appropriate for that other network.

8. Bandwidth Usage Limitations. At its discretion, eagle.ca may charge additional fees for excessive bandwidth consumption on broadband accounts. Included bandwidth limits and the price charged for usage over those limits are posted on the eagle.ca website (http://www.eagle.ca/highspeed/). These limits may change from time to time as market conditions change.

9. Telephone Charges. eagle.ca is not responsible for any long-distance charges that may be incurred through use of our services. Please note, if you must dial "1" prior to the area code, to reach our dial-up access lines, there will be a long-distance charge. Some dial-up software may automatically add a country code and area code to your settings. Please check with eagle.ca technical support if you have any doubts about your modem settings.

10. Change in Telephone Service. If a change in your local telephone service is requested from your local phone company, it is your sole responsibility to advise eagle.ca of the changes. This includes moves, regardless of whether your phone number changes or not, changes to your phone number, and any other changes that may occur to your local telephone service. Any applicable cancellation and/or re-installation charges will be charged to your account.

11. Payment Terms. Payments are due in advance of service rendered. Accounts are in default if they fall to $0.00. Unpaid accounts may be removed from eagle.ca's network seven (7) days after they go into default. Reactivation of suspended or terminated accounts may incur an activation fee. If your payment is returned to us unpaid you are immediately in default and subject to a returned/refused payment charge of $30.00 by eagle.ca.

12. Refund & Cancellations. Once you have completed and signed this Agreement, you will have placed your Service order and have entered into a binding contract with eagle.ca. Any applicable Activation and/or Installation Fee is non-refundable. If you subsequently cancel your order prior to activation of the Service, you will forfeit the first full month's Service fee as liquidated damages for preparatory work undertaken by eagle.ca to provide the Service. You may discontinue your Service at any other time, subject to the cancellation fee for any non-returned high-speed modem as specified in Paragraph 12 of this Agreement. If after the first complete month of Service, you cancel the Service during a billing period, your cancellation will be effective as of the end of the billing period and no refund of unused services for the billing period will be made. Only a written request to terminate your service relieves you of your obligation to pay the account charge. Written notice, in the form of an email messages sent to accounting@eagle.ca, to terminate service must be received by eagle.ca fifteen (15) days prior to termination of service.

13. DSL Modem or Wireless Bridge. Separate and additional charges may apply for the use of the DSL modem or Wireless Bridge as may be specified by eagle.ca from time to time. The hardware provided by eagle.ca for your use remains the property of eagle.ca unless you enter into an agreement to purchase said hardware from eagle.ca. As such, if the service is cancelled or terminated for any reason, the hardware must be returned to eagle.ca at 26 Chapel Street, Cobourg, K9A 1H9. If returned by postal service or courier, a receipt from Canada Post or the courier company must be obtained by you. If the hardware is not received within 30 days of terminating your service, a cancellation fee of $250.00 will apply, less any hardware security deposit previously obtained by eagle.ca. Further, you agree to use and maintain the hardware in compliance with any applicable operating instructions provided by eagle.ca. Until the hardware is returned to eagle.ca in good and working order, you bear the entire risk of theft or damage. Your obligations in respect to the hardware will survive the expiration or termination of this Agreement to the extent required for their full observance and performance.

14. Confidentiality. Personally identifiable user data such as real names, phone numbers and proof of age, will remain within our sole control. We will not provide your information to third parties without your prior consent except in instances where, at eagle.ca's sole discretion, your personal information may be released to law enforcement officials acting under lawful authority or if the potential for personal injury to you or others becomes known to us through your use of the service.

15. These Terms & Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

Use of eagle.ca's network constitutes acceptance of these Terms & Conditions. These Terms & Conditions are subject to change. A copy of the current Accepted Use Policy and Terms & Conditions are always available on our World Wide Web site at http://www.eagle.ca/policy.html

These Terms & Conditions were originally put in place March 27, 1997 and updated January 01, 2005