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Terms of Service Agreement

  1. Services
  2. Payment
  3. Law / Acceptable Use Policy
  4. Customer Information
  5. Termination
  6. Indemnification
  7. Disclaimer of Warranties
  8. Limitation of Damages
  9. Notices

Terms of Service Agreement

  1. Services

    By using GoCom Canada Inc services, you agree to be bound by the following terms and conditions. In addition, you agree the action of completing the signup process to become a subscriber of the GoCom Canada Inc service is to accept this Agreement as if you had signed it. As part of this Agreement, you also agree to comply with GoCom Canada Incs Acceptable Use Policy which is an integral part of this agreement. GoCom Canada Inc may change the Terms of Service Agreement and the Acceptable Use Policy at any time; such changes will become effective immediately upon sending notice by e-mail, publishing on GoCom Canada Incs web site or by any other means of making the documents available. Subsequent use of GoCom Canada Inc services confirms your acceptance of the then-current Agreement. If you do not wish to be bound by this Agreement, you must cease use of GoCom Canada Inc services and terminate your account.

    You are responsible for obtaining and maintaining the equipment and telephone services necessary to use the services provided by GoCom Canada Inc. Depending on the access number you choose, your location and your calling plan, you may cause long distance or additional charges on your telephone bill. Though GoCom Canada Inc will make best effort to advise you on what access numbers are local to your location, you are solely responsible for all telephone charges incurred by your use of the GoCom Canada Inc services and GoCom Canada Inc will not reimburse you for any such charges. You have the responsibility to obtain information from your telephone service provider about whether and what charges will be made to your telephone bill when you use GoCom Canada Inc service.

    You agree to use the service provided by GoCom Canada Inc at your own risk. You acknowledge that GoCom Canada Inc acts as a conduit to the internet, and though data may traverse the GoCom Canada Inc network, GoCom Canada Inc bears no responsibility for data transmitted or received through GoCom Canada Incs network and servers. Although GoCom Canada Inc has the right to regulate data traversing GoCom Canada Incís network and servers to enforce the Acceptable Use Policy among other things, you will not hold GoCom Canada Inc liable for failure to do so. You agree that GoCom Canada Inc will not be liable, under any circumstance, for any loss, cost or damage arising directly or indirectly from any act or omission of any person or form any information, good or service; except to the extent the foregoing may not be disclaimed under law.

  2. Payment

    You accept to be solely responsible for any charges to your account and any activities conducted through your account. If you pay for GoCom Canada Inc services by use of credit card and GoCom Canada Inc does not receive payment from the credit card issuer or its agents, you agree to pay all amounts due upon demand by GoCom Canada Inc. Fees are non-refundable, except as otherwise stated in this Agreement. You also agree to pay any applicable taxes on the fees charged for service.

    You accept your subscription to renew automatically at the end of every term until either GoCom Canada Inc or you terminate service pursuant to termination procedures. At time of signup or time of automatic renewal, you will be charged for the full upcoming term. Payment for term is due immediately and will charged to your credit card or drawn from your bank account at start of term. Failure to pay will result in immediate termination of service. GoCom Canada Inc reserves the right to change price and hence future charges for service, to institute additional fees, and to modify existing policies and procedures pertaining to pricing, billing, termination of service and surcharges. GoCom Canada Inc will inform you via e-mail prior to making any of the changes described, but will not be required to do so. Current pricing information along with procedures and policies for billing, cancellation and surcharges can be obtained from the GoCom Canada Inc website or by sending an e-mail to accounting@gocom.ca.

  3. Law / Acceptable Use Policy

    You are responsible and liable for any activity by any person who uses your account with the services provided by GoCom Canada Inc. Anyone else using your account will be bound by this Agreement as if they were you. You are responsible for keeping your password confidential and for any liability resulting from disclosure of your password. You agree to immediately change your password and notify GoCom Canada Inc by sending e-mail to abuse@gocom.ca if you suspect your password or account is being used without your consent.

    You permit GoCom Canada Inc and third parties which GoCom Canada Inc authorizes to provide you with information by use of the contact information provided as part of the signup process, whether electronically or by other means, including notices, promotional information, solicitations and software. You acknowledge that providing you with such information is an inseparable part of the GoCom Canada Inc services, and you understand and agree that providing you notices, promotions, solicitations and downloads cannot be terminated unless the GoCom Canada Inc services are also terminated. GoCom Canada Incs collection and use of subscriber information and privacy policies are set forth in the Privacy Statement, which forms an integral part of this Agreement.

    You agree that GoCom Canada Inc may establish general practices or limitations concerning use of the GoCom Canada Inc services at GoCom Canada Incs sole discretion. These may include, among others, removing an email account after so many days since last being accessed, limit frequency you can access a service within a specified amount of time or blocking certain emails passing through GoCom Canada Incs server due to containing a virus or being considered SPAM. Although GoCom Canada Inc will make best effort to make these general practices and limitations known, GoCom Canada Inc will at their sole discretion make changes to general practices and limits when GoCom Canada Inc deems appropriate. For specific information on current general practices and limitations, please read through material provided on the GoCom Canada Inc web site or email support@gocom.ca.

    You agree that GoCom Canada Inc has the authority to block and delete any e-mail and attachments for whatever reason and GoCom Canada Inc is not obligated to retrieve any email or attachment that has been blocked or deleted. You also agree that GoCom Canada Inc is not responsible for allowing e-mail or attachments to be delivered even if they contain unwanted or harmful information. GoCom Canada Inc reserves the right to revoke access and block your e-mail if your e-mail account is involved with what GoCom Canada Inc considers an abusive incident.

    You accept that GoCom Canada Inc is a conduit for information available on the internet and as such is not liable for, nor responsible for and does not endorse content that third parties make available through GoCom Canada Incís servers. You agree to use your own discretion when viewing information from the internet and you accept complete responsibility for the consequences of using the information from the internet. GoCom Canada Inc is not obligated but has the right to remove information from its servers that GoCom Canada Inc considers to be against GoCom Canada Incs Acceptable Use Policy. You can report violations of the Acceptable Use Policy to abuse@gocom.ca.

  4. Customer Information

    You will provide accurate, current and complete information as required by GoCom Canada Inc for registration of services and to notify GoCom Canada Inc of any changes to this information.

    You acknowledge GoCom Canada Inc is a distributer and not a publisher of information disseminated by persons using public areas such as message boards, newsgroups, forums, and public mailing lists. By posting, uploading or transmitting information to any public area, you (i) grant to GoCom Canada Inc a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license, including the waiver of any moral rights, to distribute, display, publish, use, modify, adapt, reproduce, and create derivative works from, such material, in whole or in part, and to incorporate it into other works in any form, media or technology, whether now known or later developed, and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above.

  5. Termination

    You may terminate service by phoning 1-800-718-1807 or by other means GoCom Canada Inc may make available. All terminations will result in acknowledgement from GoCom Canada Inc by e-mail or other means, and unless you receive acknowledgement then you are not to assume that service has been terminated. You removing services from your computer or ceasing to use service will not terminate your account and GoCom Canada Inc will continue to bill for and provision services for your use.

    You agree that GoCom Canada Inc may at any time terminate your services and your account regardless of cause or notice given. You forfeit any stored content (including e-mail) and relinquish any right to use services upon termination.

  6. Indemnification

    You agree to indemnify and hold harmless GoCom Canada Inc and its partners and their respective officers, directors, employees and agents against any liability, damages or other expenses (including attorneys' fees and costs) arising from your use of the Services (including, without limitation, your dissemination of any information on the Services).

  7. Disclaimer of Warranties

    GOCOM CANADA INC AND ITS PARTNERS MAKE NO WARRANTY AS TO RESULTS OBTAINED FROM USE OF THE SERVICES, NOR IS ANY WARRANTY EVER MADE THAT SERVICES WILL BE FREE OF INTERUPTION OR ERRORS. THE SERVICES ARE PROVIDED ON AN ďAS ISĒ OR ďAS AVAILABLEĒ BASIS WITH NO GAURANTEE OF CONNECTIVITY AT ANY TIME, AT ANY SPEED OR FOR ANY LENGTH OF TIME. NO INFORMATION OR ADVICE PROVIDED BY GOCOM CANADA IINC OR ITS EMPLOYEES, PARTNERS, AFFILIATES, REPRESENTATIVES, PARTNERS, AGENTS, OR ANYONE ELSE WILL CREATE ANY WARRANTY FOR SERVICES. ACTIONS YOU TAKE OR FAIL TO TAKE ON BASIS OF ANY ADVICE OR INFORMATION IS A RISK YOU TAKE ON YOUR OWN AND BY DOING SO YOU CONSIDER YOURSELF COMPETENT TO TAKE RESPONSIBILITY FOR YOUR OWN ACTIONS OR INACTIONS.

  8. Limitation of Damages

    UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND FUNDAMENTAL BREACH) WILL GOCOM CANADA INC OR ANYONE ELSE INVOLVED IN PROVIDING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. GOCOM CANADA INCS ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO SERVICES WILL BE REFUND OF THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU FOR THE APPLICABLE SERVICE FOR THE CURRENT MONTH TO END OF TERM, IF ANY. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY PROVISIONS, GOCOM CANADA IINCS LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  9. Notices

    For the purposes of this Agreement, references to "including" shall mean "including, without limitation,".

    If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement will remain in full force and effect.

    The failure of either you or GoCom Canada Inc to insist upon or enforce strict performance by the other of any provision of the Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and GoCom Canada Inc nor trade practice will act to modify any provision of the Agreement.

Last updated August 9, 2005.