Terms of IP Relay Services

Transcription

1 Terms of IP Relay Services This is an agreement between you and Shaw Telecom G.P. ("Shaw"). It sets out the terms and conditions (the "Service Terms") that apply to your use of the forborne IP relay service and associated telecommunications services that Shaw provides (the "IP Relay Services"). The Service Terms, together with Shaw s rules and policies applying to the use of the IP Relay Services, the Joint Terms of Service and Acceptable Use Policies (copies available on any terms stated on your bill and the prices, discount rates and other terms applicable to the IP Relay Services of which Shaw notifies you, form the agreement between you and Shaw for the IP Relay Services (the "Agreement"). For the purposes of these Service Terms, "you" refers to the person or business whose name appears on the IP Relay Services registration and bill. 1. IP Relay Services Description The IP Relay Services is accessed through the Internet via a compatible device and a secure web page. You are responsible for obtaining the applicable Internet access service and compatible device required to access the IP Relay Services. The IP Relay Services is a text based form of message relay service that uses the Internet and compatible device to facilitate communication with hearing persons via an operator. Once a call is initiated by you, a specially trained operator will attempt to connect your call to the hearing person for whom the call is intended and once connected relay the conversation by voice. The IP Relay Services is for individual use only. Any other use of the IP Relay Services is strictly prohibited. Although the IP Relay Services is intended to be available 24 hours a day, 7 days a week, technical or service interruptions may arise which can result in the IP Relay Services being temporarily unavailable. Shaw makes no warranty that the IP Relay Services will be uninterrupted or error free or that defects to the IP Relay Services will be corrected. Shaw may deny or limit the use of the service for any lawful reason. 2. Non-permitted Use Call Types THE IP RELAY SERVICES DOES NOT PERMIT YOU TO PLACE COLLECT CALL, 900 PAY-PER-CALL, BILL TO THIRD PARTY, CASUAL CALLS AND CALLS TO SATELLITE PHONES USING THE IP RELAY SERVICES AND ANY OTHER TYPES OF CALLS, OF WHICH SHAW NOTIFIES YOU, ARE NOT PERMITTED. 3. THE IP RELAY SERVICES IS NOT DESIGNED FOR EMERGENCY CALLS, NOR SHOULD IT BE USED AS A SUBSTITUTE FOR ENHANCED SERVICES. You acknowledge and agree that: a. in regard to a call to the emergency telephone number (9-1-1), use of the IP Relay Services may result in account address information being delivered to the emergency services dispatch centre via the IP relay provider s network; b. the use of account address information in association with this IP Relay Services could result in calls appearing to originate from a location other than your current location; c. if, in dispatching emergency services in response to a call to 9-1-1, reliance is placed on the address information associated with your Shaw account and received by the IP 1

2 relay provider s network in conjunction with the call to 9-1-1, emergency services may not be routed to the location from which the call to originated; and d. in regard to a call to 9-1-1, you or any person using the IP Relay Services or any services used in conjunction with IP Relay Services is responsible to provide complete and accurate information relating to the actual location of the emergency situation to the emergency services call operator. Without restricting any other indemnities set forth herein, you are responsible and shall indemnify Shaw for, and hold Shaw harmless from and against, all charges, losses, costs, liabilities and damages of any kind whatsoever related to emergency services being dispatched to a location other than the location from which the call to originated as a result of: e. any use by you of the IP Relay Services that results in the address information for your Shaw account being a location other than the location from which the call to originated; or f. the failure by you or any person using the IP Relay Services or any services used in conjunction with the IP Relay Services to respond, or provide complete or accurate information, to a or emergency call operator requesting a response or information in order to properly dispatch emergency services; or g. the failure by you to provide Shaw with current and accurate location information; or h. any use by you of the IP Relay Services after cancellation, termination or suspension of your Shaw phone services. 4. Your Responsibilities You are required to be properly registered via the IP Relay Services Web Site and have a Shaw billing account in order to use the IP Relay Services. Your phone number must be the one that is currently on file with Shaw. Shaw IP Relay Services can only be used in areas where Shaw offers services. The IP Relay Services cannot be used anywhere else. You must obtain an Internet access service and provide compatible end user equipment for use with the IP Relay Services. 5. Other Documents You will sign any authorizations required by other companies in order for Shaw to provide the IP Relay Services. 6. Long Distance Charges If, in using the IP Relay Services, you use Shaw long distance services and the long distance services are not subject to an agreement between you and Shaw, Shaw's Long Distance rates and terms are available at shall apply and are incorporated by reference and form part of this Agreement, mutatis mutandis. 7. Amendments to this Agreement Shaw reserves the right to amend these Service Terms, including rates and additional charges, at any time by giving 30 days notice. Shaw will notify you of amendments to these Service Terms by posting notice of the amendment at the Service Web Site, or by sending you notice on your monthly bill or bill notice that the Service Terms have been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your 2

3 responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or bill notice. You are not obliged to continue using the IP Relay Services after an amendment to the IP Relay Services Terms is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the IP Relay Services, effective at the end of your current billing period. Your continued use of the IP Relay Services following any amendment shall be deemed to be your acceptance of the amended Service Terms, waiver of any additional notice requirements and agreement to pay for the IP Relay Services in accordance with the amended Service Terms. 8. Your Account You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the IP Relay Services in accordance with this Agreement. As the IP Relay Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify Shaw, by means specified on the IP Relay Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to Shaw, as requested, to stop and/or remedy any breach of security. 9. Customer Information You agree that the Shaw s Privacy Policy, available for inspection at as it may be updated from time to time (the "Shaw Privacy Policy"), shall apply to your use of the IP Relay Services. You hereby consent to the collection, use and disclosure by Shaw and its agents of your personal information collected in connection with provision and/or use of the IP Relay Services, for the purposes identified in the Shaw Privacy Policy and you acknowledge that those purposes include the exchange of your account and usage information with other Shaw companies and their affiliates, for the purpose of offering additional services or products to meet your communications and entertainment needs. You agree to provide true, current, accurate and complete customer information as prompted by Shaw's registration processes or as otherwise requested by Shaw or its agents and you agree to promptly notify Shaw, by means specified on the IP Relay Services Web Site, of any changes to this information as required to keep it current, complete and accurate. 10. Acceptable Use of the IP Relay Services You agree that you will comply with all applicable laws in connection with the use of the IP Relay Services, and agree that you will not use the IP Relay Services for any unlawful, abusive or fraudulent purposes, including any use that (i) interferes with or prevents other users from accessing and utilizing the IP Relay Services, (ii) avoids your obligation to pay for pay-per-call services or services outside the scope of these Service Terms, or (iii) otherwise violates Shaw' Acceptable Use Policy located at as it may be updated from time to time. 3

4 If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out or referenced above, which involves your account, you agree to immediately notify Shaw and provide Shaw with assistance, as requested, to stop and/or remedy such violation. Without limiting any of Shaw' rights to suspend, restrict or terminate your IP Relay Services account as described elsewhere in this Agreement, Shaw may suspend, restrict or terminate your IP Relay Services account without notice if, in Shaw' sole and absolute discretion, you have violated any of the acceptable use rules set out or referenced above. You acknowledge and agree that Shaw shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account. 11. IP Relay Services Changes You agree that, to maintain or improve the IP Relay Services or for other business reasons, Shaw may change the IP Relay Services rates, service plan features, addresses, minimum or compatible equipment requirements and any other aspect of the IP Relay Services at any time, without notice or liability, at Shaw's sole and absolute discretion. Notwithstanding the foregoing, Shaw will use reasonable efforts to notify you via to your primary Shaw address, of any material increases in the recurring, regular IP Relay Services rates for your account. 12. Disclaimers You acknowledge and agree that: a. All use of the IP Relay Services is at your own risk; b. The IP Relay Services are provided on an "as is" and "as available" basis; c. Shaw does not guarantee error-free or uninterrupted operation of the IP Relay Services; and d. Shaw is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of provision or maintenance of the IP Relay Services. Shaw makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the IP Relay Services, any other products or services supplied under this Agreement or the networks of third parties. Shaw expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and noninfringement, whether arising by usage of trade, course of dealing, course of performance or otherwise. 13. Limitation of Liability In the event of any material breach of this Agreement by Shaw, your exclusive remedy shall be to receive payment from Shaw for your actual and direct damages resulting from such breach, to a maximum amount equal to the lesser of one hundred dollars ($100) or the total fees paid hereunder by you to Shaw during the three (3) months immediately preceding the relevant breach. In no event shall Shaw, its parents, subsidiaries, affiliates and their respective officers, directors, agents, employees, suppliers, resellers and distributors (collectively, the " Shaw 4

5 entities" and each, a " Shaw entity") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever including, without limitation, damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to this Agreement or the IP Relay Services, regardless of the cause of action and even if one or more of the Shaw entities have been advised of the possibility of such damages or losses including, but not limited to, damages or losses arising from or in any way related to the following: a. The performance of the Internet; b. Delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses or defects in the transmission of any information, material or data over or through Shaw' systems or networks or the systems or networks of third parties; and c. The provision or maintenance of the IP Relay Services. Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation of certain types of liability so some of the disclaimers and limitations in this Agreement may not apply to you. 14. Indemnity You agree to indemnify and hold harmless each of the Shaw Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable Shaw Entity, which result from or relate to: a. access to or use, by you or any third party, of your IP Relay Services account; or b. any of your acts or omissions including, without limitation, breach or nonperformance of this Agreement and any violation of third party rights. 15. Term and Termination Shaw will provide the IP Relay Services to you on a month to month basis on these Service Terms. Termination of you Shaw Home Phone IP Relay Services shall automatically terminate the IP Relay Services. If you wish to terminate the IP Relay Services Shaw requires you to provide advance notice of at least 30 days. Shaw may suspend the IP Relay Services if you contravene any provision of these Service Terms. Shaw may terminate the IP Relay Services (i) immediately and without notice, where Shaw determines that you are using the IP Relay Services contrary to the acceptable use provisions of the Agreement, (ii) upon three days written notice to you, if any amount owing under the Agreement or any other agreement for services provided to you by Shaw is in arrears, (iii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Shaw, (iv) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (v) for any reason, upon 30 days written notice to you. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective. 16. Confidentiality In relation to all telecommunications services provided by Shaw hereunder, unless you 5

6 provide express consent or disclosure is pursuant to a legal power, all information kept by Shaw regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by Shaw to anyone other than you; a person who, in the reasonable judgment of Shaw is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by Shaw to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of Shaw it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by Shaw, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party. For the purposes of the above, you hereby expressly consent to the collection, use and disclosure by Shaw and its agents of your information, content and materials (including, without limitation, your personal information) solely to the extent such collection, use and disclosure is authorized under this Agreement. 17. Mediation and Arbitration Any unresolved dispute arising out of the marketing, sale or provision of the IP Relay Services by Shaw or relating in any way to the Agreement, except the collection by Shaw of charges owing for the IP Relay Services, may only be referred to a single mediator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. Should the mediation not result in a settlement, the dispute will then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. The fees of the mediator and arbitrator shall be shared equally by the parties. By agreeing to mediation and arbitration of disputes, you waive any right you may have to commence or participate in any class action against Shaw, to the extent the waiver of such rights is permitted by applicable law. 18. General The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without Shaw' prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Shaw to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Shaw. I accept the Shaw IP Relay Service terms of service 6