Service Agreement Terms and Conditions

 

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General

 

We, Hearst Connect Corporation and its affiliates, agents and subsidiaries (“Hearst Connect”) offer our internet services (the “Service) to you (the “Customer”) under specific terms and conditions contained in this Service Agreement. The purpose of this service agreement is to define the responsibilities inherent in providing the Service between Hearst Connect and the Customer. By choosing to access the Service, the Customer is bound by these terms and conditions. If you do not wish to be bound and/or abide by these terms and conditions, you may not access or use the Service.

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Customer’s Responsibility / Indemnification

 

You agree that your use of the Service needs to follow Hearst Connect’s policies, including the general use policies and fair use policies included in this Agreement, as well as other policies which you are directed when using our Service. You agree to indemnify Hearst Connect from and against any claim or fees incurred resulting from your failure to fulfil your obligations included in this Agreement. You are responsible for configuring the network connection on your computer or other devices. You agree to notify Hearst Connect of any modem or equipment defect. You are responsible for data backups before the installation. A suggestion would be to back-up all of your computer files to a separate storage device before the installation

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Fees and Payment

 

• The Service will be billed in advance at the monthly price determined between the Customer and Hearst Connect. The invoice will include usage-based charges for the prior period. However, from the date a charge was incurred, we retain the right to invoice you for the said charge within the following 6 months.

• Service fees of indeterminate (month-to-month) agreements are subject to change, following a minimum 30- day notice.

• You authorize us to gather information on your credit experience from other suppliers. You also authorize us to provide credit experience information with your account with us to third parties.

• Payment is due 30 days after the invoice date.

• Questions on the invoice or revision requests must be reported to Hearst Connect within 20 days of the date of the invoice. We will deem that you agree with the invoice if we are not notified of issues within said period.

• If payment is not received within the prescribed date, the outstanding amount will be subject to a late payment charge of 2% per month (26.82% per year) from the due date to the date the amount has been received in full. Should the Customer have signed up for the pre-authorized debits payment method, Hearst Connect reserves the right to charge the late payment charges to the Customer’s bank account, as long as Hearst Connect has notified the Customer 10 days in advance.

• A fee is applicable for any returned cheque.

• Hearst Connect reserves the right to change its rates and terms upon reasonable written notice by Hearst Connect.

• Failure to remit payment within the terms and policies of Hearst Connect may result in the Service disconnection.

• We may require a deposit or request other payment requirements such as interim payments at any time at Hearst Connect’s discretion. If your Service is terminated, we will apply any deposits received against outstanding balances on your account.

• If you are not signing a contract with Hearst Connect, the minimum service period is one (1) month.

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Equipment

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With the exception of Equipment that is owned by you, all Equipment installed or provided by Hearst Connect remains our property. With regards to our Equipment (modem, wireless antenna, etc.), you agree that:

 

• You will take reasonable care of our Equipment;

• You will not move or re-locate our Equipment without our knowledge or consent;

• You will not sell or lease our Equipment;

• You will be billed a repair charge for causing damage to a modem. Upon termination of the Service, you are responsible for returning the modem in good repair and working order within 30 days. If the modem is not returned within 30 days after canceling the Service or if you have lost it, you will be responsible for paying the retail value of the modem (current value of $350).

• Should the Equipment be stolen, lost or destroyed, you must immediately notify us.

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Security

 

You are responsible for protecting your system and your account by using a password in order to add limitations to Service access. Hearst Connect will not be responsible for corrupted files or viruses which affect the performance of the Service. Any impairment or damages caused to the network as a result of improper measures taken to secure your system may result in Service termination.

 

Any IP address assigned to you by Hearst Connect is the property of Hearst Connect. A dynamic IP address is assigned to you each time your computer network is connected to the Internet.

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Fair use

 

• The Service being provided by Hearst Connect is to be used strictly at the service location(s) specified in the Agreement. In most cases, Hearst Connect sells its Service to only one (1) service address.

• You are strictly prohibited to resell or share the Service or bandwidth to any third parties or other civic addresses not specified in the Agreement. Failure to comply will result in automatic cancellation of the Service at our discretion.

• Abuse and/or excessive use of bandwidth (defined as unlimited data usage in your Agreement), as determined by Hearst Connect, may result in service disconnection.

• You are strictly prohibited to use the Service in a manner that is illegal, restricted or otherwise unauthorized, which may include, without limitations, transmitting content that is threatening, harassing, vulgar, obscene, pornographic, invasive of privacy or any other illegal content to third parties.

• You are strictly prohibited to use the Service in a manner that affects the ability of other people to use the Services, such as uploading and expanding a virus or hacking.

• You are strictly prohibited from engaging in any fraudulent activities.

• You are strictly prohibited from allowing the transmission of any content that you are unauthorized to transmit, such as content that is protected under intellectual property rights such as a trademark, copyright or patent.

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Minimum system requirements

 

Hearst Connect has set particular minimum system requirements that you must ensure are adhered to when registering for the Service. For internet services, your computer or other device should be equipped with the following system requirements: (1.) Windows System Desktop or Laptop Microsoft Windows XP/Vista/7 or higher Pentium-class Processor 233 MHz, or equivalent XP Pentium-class Processor 300 MHz, or equivalent Vista 800 MHz Pentium-class Processor 64 MB of memory (RAM) XP 128 MB of Memory (RAM) Vista 512 MB of Memory (RAM) 200 MB of free hard drive space 256 colours at 800x600 resolution Ethernet card or free PCI slot CD-ROM drive (required) Hearst Connect does not provide or install PCI Ethernet cards for laptop computers (2.) Macintosh System Power PC MAC OS 9 or higher Intel MAC OS X 10.4 or higher 64 MB of memory (RAM) OS X 256 MB of memory (RAM) 200 MB of free hard drive space 256 colours at 800x600 resolution Ethernet card Ethernet port CD-ROM drive (required).

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Network Maintenance

 

Hearst Connect’s technical staff requires to perform periodic network maintenance which may cause disruption of the Service. The scheduled maintenance windows are Monday to Friday 12am to 6am. Should there be network maintenance performed outside these periods of time, a notice will be sent to you for your information. Hearst Connect will not reduce the invoice fee when these network maintenances occur.

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Access to your Premises

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You authorize Hearst Connect’s technicians to access your property and your premises as necessary at mutually agreed upon times for either installation, repairs, maintenance, inspection or deinstallation. Hearst Connect will not be responsible for losses or expenses such as missed work in the event of a missed installation appointment by either Hearst Connect or a third-party installer.

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Termination

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• If you cancel the Service before the term end date of the Agreement, you will be charged an early cancellation fee. This fee depends on the length of your term and the number of months remaining in your term contract.

• If no term end date in Agreement, the Customer may terminate its Service by providing a minimum 10 business days notice prior to the Service cancellation date. You will be billed on a prorated basis up to your cancellation date.

• Hearst Connect may terminate the Service with the Customer at any time, should the following circumstances occur:

  • You are in breach with this Service Agreement;

  • You failed to pay within the payment terms;

  • You have exceeded reasonable usage limits (as determined by Hearst Connect);

  • Your use of the Service hinders the performance of the Service delivered to you or other Customers;

  • You harass, threaten or abuse us or any of our employees;

  • You are part of any bankruptcy or insolvency proceedings.

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If the misuse of the Service that affects the performance of Service to you or to others is or has been unintentional, Hearst Connect may suspend your Service until the issue is corrected. No reduced fee will apply to your monthly invoice. Should the issue not be resolved within 30 days from your last bill date, the Service may be disconnected. Should you wish to resume your subscription to the Service, the applicable installation fees will apply.

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Limitations on warranty and liability

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Hearst Connect provides the Service on a “as is” and “to the extent available” basis and therefore offers no warranties or conditions. Specifically, Hearst Connect does not guarantee 1- the transmission speed indicated 2- an uninterrupted service 3- that the Service sold meets your requirements 4- that any file will be sent without being corrupted or it will not be intercepted, and 5- that other users will not gain access to your computer equipment. In the event of a breach of a term or negligence by Hearst Connect, Hearst Connect will pay you for actual and direct damages to a maximum amount equal to the fees paid by you to Hearst Connect over the last 2 months preceding the breach. Hearst Connect will not be liable for indirect, consequential or special damages resulting from the breach, including loss of profit.

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Additional terms

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General internet performance

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The performance of internet service is affected by various factors that are beyond Hearst Connect’s control. These factors include but are not limited to internet traffic and the Customer’s computer technical specifications. Therefore, Hearst Connect will provide the internet service on a “best effort” basis. Hearst Connect can’t guarantee the download and upload speeds specified in the service agreement. See below for more factors applicable to either the internet service via wireless and the internet service via fibre optic.

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Additional terms related to a wireless internet connection

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In addition to the factors affecting all internet services, the Customer understands that their wireless connection will depend on a number of other factors, such as weather conditions, radio frequency interference and Customer’s location.

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You understand that wireless Internet requires an antenna installed on your premises. You agree that a Hearst Connect installer will require access to your property to install the antenna.

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The wireless antenna and its mast is the property of Hearst Connect. Should the Service be terminated, the wireless antenna and mast must remain at its place. If Hearst Connect is not allowed to remove it, a cancellation fee will apply.

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Should you have entered in a term contract with Hearst Connect where we have waived the installation fee, and you wish to move your service at a different location than the one specified in the Agreement within the contract term, you will be charged the installation fee.

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Additional terms related to a fibre optic internet connection

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By default, and with no extra charge, the fibre optic cables will be installed on the available aerial installations. Should the customer wish to have the cables buried via an underground installation, this service will be invoiced at the technician’s current hourly rate.

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In addition to the terms in the “Equipment” section, you also agree that:

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• Given the safe handling requirements of fibre optic cables, you will not unscrew and remove the fibre optic cable from the modem. Hearst Connect will not be responsible for injuries or damages caused by removing the fibre optic cable out of the modem.

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Additional terms related to VoIP telephone service – 9-1-1 Emergency service

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Hearst Connect provides VoIP (Voice over Internet Protocol) 9-1-1 service to customers. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

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Differences between traditional 9-1-1 service and VoIP phone 9-1-1

With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response centre.

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Placing 9-1-1 Calls

When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

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How your information is provided

The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

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Correctness of information

You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

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Disconnections

You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

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Connection time

For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

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9-1-1 calls may not function

For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

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• Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and

• Changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with Hearst Connect.

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Alternate services

If you are not comfortable with the limitations of 9-1-1 emergency calls, Hearst Connect recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

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Inform other users

You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

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Liability

Customers are advised to review this section with respect to Hearst Connect's limitations of liability.

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The customer expressly releases Hearst Connect, its employees, officers, directors, agents, contractors and shareholders from all losses whether direct or indirect, and any claim, liability, damages or costs suffered by the customer or anyone who uses the Service which arises as a result of an inability of any person to place a 9-1-1 call or as a result a failed or delayed response by emergency 9-1-1 responses services and the customer expressly indemnifies and saves Hearst Connect, its employees, officers, directors, agents, contractors and shareholders, harmless from any claim made by any person as a result of, or arising out of, the inability of any person to place a 9-1- 1 call or as a result a failed or delayed response by emergency 9-1-1 response services.

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In addition to the above, remember:

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Do not disconnect

Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.

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Keep your service address up to date

Hearst Connect will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address.

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Intellectual Property

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All trademarks, copyrights, brand concepts, names, logos, designs and other intellectual property owned or used by Hearst Connect are not to be used or copied by you in any manner or for any purpose without the prior written consent of the General Manager of Hearst Connect.

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Laws of the province of Ontario

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This Service Agreement is governed by the laws of the province of Ontario and the laws of Canada applicable therein.

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Technical Support

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Hearst Connect will offer technical support 24 hours a day, 7 days a week. Hearst Connect’s procedure is to address the Customer’s technical issue within the next 24h to 72h (business days) from the time of the notice. Should you have subscribed for one of our priority service packages, Hearst Connect’s procedure is to address the Customer’s technical issue within the next 24h (business day) from the time of the notice.

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The Technical support provided by Hearst Connect is only for our service components. Specifically, Hearst Connect will not provide support on computer or network related issues.

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Amendments to this Service Agreement

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Unless specified otherwise, Hearst Connect reserves the right to amend or change any provisions of this Service Agreement at any time, without notice to you. The amended agreements will be uploaded on our website at www.hearstconnect.com. You will be bound by the most recent terms and conditions posted on Hearst Connect’s website.

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Questions

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Should you have any questions regarding the terms and conditions of this Service Agreement, you may contact the Hearst Connect Corporation at 705-372-2848.

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