295.ca Canada's Most Inexpensive Internet Service Provider
DSL End User DSL Highlights of Terms and Conditions.
295.ca Canada's Most Inexpensive Internet Service Provider, ("295.ca,") agrees to provide you ("User") with Services ("Service") set forth on www.295.ca and affiliated sites subject to User's compliance with the terms and conditions below and listed within the 295.ca website.
NOTE: TERMS AND CONDITIONS APPLY TO ALL USER(S) OF 295.CA ADSL INTERNET SERVICES. ALL OTHER 295.CA TERMS AND CONDITIONS APPLY. BY REGISTERING FOR OUR SERVICE USER AGREE(S) TO THE TERMS AND CONDITIONS BELOW AND 295.CA'S GENERAL TERMS AND CONDITIONS: http://www.295.ca/terms_conditions.html.
This policy is a guideline for acceptable use of User 295.ca ADSL High Speed Internet account. All 295.ca customers are responsible for ensuring that these terms and conditions are met. Questions about this policy may be sent to firstname.lastname@example.org.
Use of Service
- User acknowledge that User is authorized to subscribe for the Services and agree that User will not resell or transfer the Services to any other person for any purpose or make any charge for the use of the Service.
- The Services (including rate plans) and any equipment are provided to User as a residential user, for User conventional personal, residential, non-business and non-professional use only and may not be used in any other way or for any other purpose. User agree that User use of the Services for commercial or any other non-residential purposes will obligate User to pay higher rates for those types of use. 295.ca reserves the right to immediately suspend, terminate or modify the Service if 295.ca determines in its sole discretion, that Your service is being misused, including, without limitation, use for non-residential or commercial purposes and usage exceeding conventional residential use.
- THERE IS IMPORTANT INFORMATION ON 9-1-1 for VoIP CUSTOMERS WHICH YOU MUST AGREE TO AND UNDERSTAND.
- ADSL (DSL), Computer System Requirements
1.1 User is responsible to ensure that their computer meets the minimum system requirements: Intel® Pentium-class processor with minimum 200Mhz, 32MB RAM, Pre-equipped Ethernet Network Interface card, 30MB hard disk space, CD ROM Drive, Desktop or Laptop computer running Microsoft® Windows® 98SE, Windows 2000, Windows ME, Windows XP, or Windows Vista©. If User's computer does not meet these minimum requirements, 295.ca is not responsible for connection difficulties User may experience as a result.
- 3rd Party Software and Downloads
2.1 295.ca is not responsible for 3rd party software downloads or hardware installed by User, which alters the 295.ca Service connection, or User's computer configuration, which prevents Internet connection, speed, or service.
2.2 295.ca is not responsible for any spyware, malware or virus User contracts on their computer from using the World Wide Web.
- Technical Support
3.1 295.ca will offer free technical assistance and support for it's Service and rental or purchased ADSL hardware unless otherwise stated.
3.2 295.ca will not provide technical support for 3rd party services, hardware, or PC repair services.
3.3 295.ca will not in any event be held responsible for any charges or fees User incurs for their PC or other hardware repair should User have it.
4.1 All hardware warranties are subject to the manufactures terms, conditions, and warranties. 295.ca will RMA product directly unless otherwise stated. The hardware manufacturer will handle some faulty product warranties directly. Please check with 295.ca prior to issuing any hardware item for warranty.
4.2 295.ca provides no warranties for any 3rd party Internet, email or other connection software and or hardware User may run with or on User computer or Internet modem such as a router or firewall hardware/software. We assume no responsibility for any damages that may result from the use of said hardware/software such as routers or anti virus programs purchased from other vendors.
- ADSL Accounts
5.1 All accounts include shell access. User is responsible for ensuring that use of this account does not result in damage or disruption to 295.ca Internet Service.
5.2 If User suspects someone may be using User's account without User permission User is required to notify 295.ca immediately. Otherwise User is responsible for any damages or charges caused by such unauthorized use.
5.3 Spamming (sending out unsolicited commercial email) is strictly prohibited.
5.4 Account renewals are done automatically at the end of each year or at the end of User contract period. A minimum of 30 days notice must be given prior to canceling User account. All account packages hold a minimum one-year agreement, which automatically renew upon the yearly calendar date. Business User accounts may hold up to 3 years minimum contract, please see package details for more information. If User request that 295.ca cancel User account, there are no refunds once Service has been installed and activated to the User's premise. Upon cancellation, all rental equipment must be returned within 15 days. User will be charged full purchase price at the end of the 15th day if the product is not returned. Returned products must include all original cables and power adapters and must not have any physical damage to the unit/hardware to be returned.
5.5 Accounts are payable in advance, and User agrees to pay all regular fees and overages when they are due. If User account is at any time overdue, Service will be suspended and User Internet access will continue billing. Invoices must be paid in full to remove suspension of Services. If User account has been suspended, User will be required to make automatic payments by credit card from the time it has been put on suspension forward.
5.6 The User is responsible for updating all information on account including credit card.
5.7 ADSL speed is .up to. the advertised upload and download speeds listed on the 295.ca website; for example, the speed 'up to 5 Mbps' means that the user can expect speeds up to 5Mbps. 295.ca cannot make any guarantees on the speed of User's connection because the User speeds vary on the distance that the User's premise is from the Central Office or remote server.
5.8 295.ca strives to have the Service active and the end User product shipped and operational within 10 days. Unfortunately, there are outside factors such as end User availability, 3rd party shipping companies, and 3rd party installers, which deliver and install the Service, which 295.ca cannot guarantee the time period of 10 days to install and deliver Service.
6.1 Promotion pricing is not guaranteed and will be available for a limited time. Please see promotional pricing details for information on promotional pricing. Prices are subject to change without notice.
- Billing and Fees
7.1 An ADSL Service provider change or move of address is subject to a one-time fee of $25.
7.2 Once the carrier installs and activates the User's ADSL Service, the Service is billable starting that date for a period of not less than one-year. 295.ca will have ADSL Service installed to the User's premise telephone D-Mark. 295.ca is not responsible for any wires beyond the D-Mark point. All wires inside the User's premise are the User's responsibility.
7.3 295.ca will bill for 2 months minimum upfront plus applicable tax(s).
GST is required on the monthly Service. Billing starts upon ordering the Service and ten (10), flux days, are added to the billing cycle to allow for up to 10 setup days required for the Service. All payments require pre-authorized payment via credit card. Cheques, if any, should be made payable to 295.ca. If a payment is returned due to Insufficient Funds there will be a charge of not less than $20 per occurrence and the account is subject to immediate suspension. User agrees to not hold 295.ca liable for any reason due to fees or suspensions that occur because of non-payment related incidents.
7.4 Each additional email address over the primary account is subject to a yearly $10 administration unless other wise stated.
7.5 ADSL accounts include excellent data transfer packages. Should overages occur, User will be charged at a rate of $2/GB.
- Shipping and Handling
8.1 295.ca offers the most competitive prices so unfortunately shipping is not included with any orders or returns to 295.ca. User agrees to pay for all shipping and handling of equipment. A $20 shipping and handling fee applies to new accounts upon signup for shipping and handling on the 295.ca starter kit. User starter kits will be shipped within 5-10 business days. The User is responsible for shipping product to their premise, and is responsible for shipping charges if product is returned to 295.ca.
8.2 295.ca strives to have the Service active and the end User product shipped and operational within 10 days.
- Violation of Terms and Conditions
9.1 Violation of any terms and conditions of use will result in termination of User account. If User account is terminated because of violation of these terms, no refund will be issued. For serious violations, 295.ca will terminate User account without notice. A fee of $25 may apply to reinstate.
- 911 Emergency Support for Internet Phone Service.
PLEASE READ THE INFORMATION BELOW ABOUT 911 EMERGENCY SERVICE CAREFULLY!
By using or paying for the Services, you acknowledge and agree to all of the information below regarding the limitations of using the Service for dialing 911.You acknowledge and understand that the Service does offer a limited 911 type service and that such 911 type dialing differs in important respects from traditional 911 service, as described below. You agree to advise all individuals of these limitations who may have access to place calls over the Service from the location at which you have installed it, including members of your family.
- 911 emergency dialing is only available on Equipment (Gateway) provided by 295.ca for use with the Service.
- Your 911 call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or will be a local emergency service personnel designated for the address you listed at the time you subscribed for the Service.
- The Service's 911 service will not function if the Gateway fails or is not configured correctly or if your Service is not functioning for any reason, including, but not limited to, in the event of a power outage, broadband service outage, or suspension or disconnection of your Service because of billing issues. If there is a power outage, you may be required to reset or reconfigure the Gateway prior to being able to use the Service, including for 911 purposes.
- 911 dialing will not function correctly if you move your Gateway to a location other than that provided to 295.ca at the time you activated the Service. In such event, in order to have 911 calling routed correctly, you must update your service address at least two days prior to moving by calling our offices and speaking directly to our customer care agents.
- The PSAP or local emergency service dispatcher receiving your 911 call through the Service may not be able to capture and/or retain automatic number of location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, if you dial 911 using the Service, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). You must ensure not to disconnect the line, as the dispatcher may not have a phone number to use to call you back. You must not hang up until you are told to do so by the dispatcher. If you are inadvertently disconnected you must call back immediately. If you are unable to speak and describe your location, the emergency dispatcher may not be able to locate you. If you dial 911 and hang up the receiver, your call will be disconnected.
- For technical reasons associated with the possibility of network congestion, with the Service, there is a possibility that your 911 call will produce a busy signal or will take longer to answer, as compared to traditional 911 calls.
- At the time of subscription or notice of moving for the Service, if you do not correctly identify the actual location of where your Gateway will be located, 911 communications may be misdirected to an incorrect local emergency service provider.
- You acknowledge and understand that 295.ca will not be liable for any service outage and/or inability to dial 911 using your Service or to access emergency service personnel due to the 911 dialing characteristics and limitations listed herein. You agree to defend, indemnify and hold harmless 295.ca, its officers, directors, employees, affiliates, agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties and costs (including solicitor's fees) by, or on behalf of, you or any third party or user of the Service relating to the failure or outage of the Service, including those related to 911 dialing.