Echo Online Terms and Conditions
Definitions
In this Agreement, the following terms shall have the
following meanings:
a) "Customer" is the person or organization listed on the
front of this Agreement under the section "Customer".
b) Echo On-line Internet Inc, with head office at
2600 Skymark Ave., Building 9, Suite 201, Mississauga, Ontario, L4W 5B2
is the "Company" offering the service defined on the front
of this Agreement under the Service .
Service
Subject to all terms and conditions herein provided, the
Customer hereby requests from the Company and the Company
herein agrees to provide to the Customer an internet service
(the "Service") comprising the type of access described on
the front of this Agreement between the Customer and the
Company's closest point of presence.
Cost
The Customer is responsible for paying the Company the
installation cost and monthly cost stipulated in the Rate
Card. The cost will be fixed over the term of the
Agreement. Accounts are in default if they fall to $0.00.
Payments returned to the Company as unpaid
are immediately placed in default and are subject to a
returned check charge of $20.00.
All discounted, special and promotionally priced rate plans are
non-refundable.
Accounts that are delinquent are put in "accounting lock" and may not
be used. Accounts continue to accrue charges while they are
locked. Accounts that are on "accounting lock" will only be "unlocked"
after the accounting department has cleared the account and
the account is paid in full. The Company may, at its sole discretion,
charge a fee to reinstate a suspended account. You
acknowledge full responsibility for the account until payment in full
is made.
The Company will continue to gather and retain any mail or other
files on our servers until end of suspension or "accounting lock" and
all of your files including, but not limited to, e-mails and
homepages will not be erased, but access will be denied.
The suspension or "accounting lock" of your subscription does not relieve
you from any amounts owing the Company before such suspension becomes
effective plus any costs including, but not limited to, costs incurred for
the collection of any outstanding amounts.
See schedule "A" if applicable.
Price Protection
This Agreement guarantees that the Customer will receive
immediate benefit of any price decreases that the Company
may, from time to time, publish for the contracted service.
Price increases for the Service will not be put into effect
until the end of the Agreement or until the Customer signs a
new Agreement.
Term
This Agreement shall become effective upon its acceptance by
the Company. The Service commences on the date the
Customers account is created and remains in effect for the
period specified in the current Rate Card. The service may
be terminated by either party upon 30 days written
notice.
Taxes
All applicable federal, provincial and local taxes shall be
added to the amounts payable, and shall be paid by the
Customer to the Company.
Excused Performance
The Company shall not be liable for any breach of this
Agreement due to a cause beyond its control.
Termination
Upon the termination of the Service, the Company may
disconnect the Service, and the Company may claim the
immediate payment of all amounts owed to the Company by the
Customer.
Notwithstanding the section entitled "Term", the service
shall terminate automatically if the Customer is in payment
default, commits any act of bankruptcy within the meaning of
the Bankruptcy Act (Canada), if any bankruptcy or insolvency
proceeding is taken by or against the Customer, if the
Customer makes any voluntary assignment for the benefit of
creditors, if a receiver takes possession of any of the
Customers property, if the Customer ceases to carry on
business in the normal course, if the Customer is liquidated
or wound-up, or if the Customer fails within 7 (seven) days
of its receipt of the Company's notice to such effect to
remedy any breach by it of this Agreement.
At the Company's and its officer's discretion, access to the
Service provided by the Company may be revoked at any time
for abusive conduct listed below. The Company and its
officer's are deemed as authority to define abusive conduct
to the system, and definitions may periodically change or be
amended to previous ones.
Use of Network
a) The Company exercises no control whatsoever over the
content of the information passing through it. The Company
makes no warranties of any kind, whether expressed or
implied, for the service it is providing. The Company also
disclaims any warranty of merchantability or fitness for a
particular purpose.
b) The Customer must not use the network for illegal
purposes. The transmission of any material that is in
violation of any Canadian federal or provincial statute or
court order is prohibited. This includes, but is not
limited to: copyrighted material, material legally judged to
be threatening or obscene, or material protected by trade
secret. The Customer agrees to indemnify and hold harmless
the Company from any claims resulting from the Customer's
which damages the Customer's business, equipment or
software; or that of any other party.
c) Any access to other networks or services through the
Company must comply with the
acceptable use provisions of the other network or service.
d) The Company's network must not be used to attempt
unauthorized access to systems, software or data, nor to
interfere with or disrupt network users, services or
equipment. Disruptions include, but are not limited to,
propagation of computer worms and viruses, the broadcast of
intrusive or unsolicited advertising, or any behavior that
impacts negatively the work of the users of the Company's
network or other connected network.
e) While every reasonable effort is made to ensure privacy
of the Customers material, the Company does not guarantee
privacy of files and E-Mail. If the Customer wishes
complete privacy, encryption software is freely available
and recommended.
f) You agree that the Company may establish limits concerning use of any
Services offered, including without limitation the maximum
number of days that e-mail messages will be retained by any Company
Service, the maximum number of e-mail messages that may be sent from or
received by an account on any of the Company's Services, the maximum size
of an e-mail message that may be sent from or received by an account on
any of the Company's Services, the maximum disk space that will be
allotted on the Company servers on your behalf, and the maximum number of
times and duration you may access any of the Company's Services in a given
period of time. You agree that the Company has no responsibility or
liability for the deletion, corruption or failure to store any messages or
other content maintained or transmitted by any of the Company's Services.
You acknowledge that the Company reserves the right to log off echo-web1
that are inactive for an extended period of time as determined by the
Company.
Limitation of Liability
The Company's sole obligation under this Agreement is to
furnish the Service.
The Company's liability for negligence or the breach of the
Agreement will not in any event be greater than the total
amount paid by the Customer to the Company for the service
period that gives rise to the claim.
General Provisions
This Agreement shall be governed by the laws of the Province
of Ontario. It may not be modified except by a writing
signed by both parties. No waiver of any of the provisions
of this Agreement shall be deemed to constitute a waiver of
any other provisions (whether or not similar) nor shall such
waiver constitute a continuing waiver unless otherwise
expressly provided by a writing duly executed by the party
to be bound thereby.
These Terms and Conditions supersede all previous
representations, understandings or agreements and shall
prevail notwithstanding and variance with terms and
conditions of any order submitted.
The use of the Service constitutes acceptance of all the
above listed Terms and Conditions.