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Terms and
Conditions

Terms Of Service

Cando Information Technology (CanDo I.T) is an ISP providing valuable Internet access, products and services to its subscribers and other Internet users. Through its website www.mycando.ca / www.mycandohome.ca and related products and services, Cando I.T. provides web surfers with applications, information, and links to make the Internet experience more productive and fun. By using Cando I.T.’s website and services (the “Cando I.T. Site/Services”), you agree to the terms, conditions, limitations, and notices set forth in this policy (the “Terms of Service”). These Terms of Service may be updated or modified by Cando I.T. from time to time, in its sole discretion, and your continued use constitutes acceptance of such changes.

No Unlawful Acts:

  • At all times, you agree to use the Cando I.T. Site/Services in accordance with these Terms of Service and in accordance with all federal, state and local laws, ordinances, and regulations. In all circumstances, as a condition of your use of the Cando I.T. Site/Services, you agree that you will not use the Cando I.T. Site/Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Cando I.T. Site/Services (or the network(s) connected to any Cando ITSite/Services) or interfere with any other party’s use of the Cando I.T. Site/Services. Cando I.T. will take whatever lawful steps it deems appropriate, in its sole discretion, to detect and prevent any such activities.

Personal Use—No Rights in Intellectual Property :

  • Unless otherwise specified, the Cando I.T. Site/Services are for your personal and non-commercial use. Unless expressly agreed to in writing by Cando IT, you may not modify, copy,distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained through the Cando I.T. Site/Services.

Privacy Policy:

  • Under our privacy policy, Cando I.T. may disclose to third parties certain aggregate information about our subscribers and users. Cando I.T. will not disclose any of your personally identifiable information, such as your name, address, email address or telephone number, without your prior written consent, except as required by law.

Your Account Information:

  • When using the Cando I.T. Site/Services, particularly in communicating with others, always use caution when giving out any personally identifying information about yourself, including information about your family. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Links to Third Party Sites and Content:

  •  Cando I.T.Site/Services contain content aggregated from third parties, as well as links to third party websites and/or content. Because such websites and/or content are not under our control, Cando I.T. makes no guarantee as to the accuracy, currency, substance or quality of any such sites and/or content. Cando I.T. provides such links and/or content as a convenience to you, and the inclusion of any link or content does not imply endorsement by Cando I.T. of such information. Cando I.T. assumes no responsibility as to whether the content, links or any search through the Cando I.T. Site/Services will locate unintended or objectionable material.

  • Any dealings with third parties (including advertisers) through the Cando I.T. Site/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Cando I.T. shall not be responsible or liable for any part of any such dealings or promotions. You are responsible forviewing and abiding by any rules or regulations governing use of the third party websites and/or information

Communications and Prohibited Actions:

  • The Cando I.T. Site/Services may contain e-mail services, bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, notepads, and/or other message or communication applications. You agree to use such applications only to post, send and receive messages and material that are proper. Users alone are responsible for the contents of any messages as well as the consequences of any such messages.

  • You agree that you will not use Cando I.T.services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use Cando I.T.services to send any message or material that is unlawful or gives rise to civil liability.

Without limitation, you agree that you will not:

  • Use the Cando I.T. Site/Services in connection with the transmission of any duplicative or unsolicited messages (commercial or otherwise). For any such spamming, you agree to pay Cando I.T. damages for such unauthorized activities.

  • Defame, abuse, harass, stalk, threaten, victimize, degrade or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Without limitation, no message or communication can infringe on the rights of others on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other reason.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,infringing, obscene, indecent or unlawful information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

  • Interfere with service to any user, host or network.

  • Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files,or any other similar software or programs that may damage the operation of the Cando I.T. Site/Services

  • Restrict or inhibit any other user from using and enjoying the Cando I.T. Site/Services.

  • Violate any code of conduct or other guidelines which may be applicable.

  • Harvest or otherwise collect information about others, including e-mail addresses.

  • Violate any applicable laws or regulations.

  • Create a false identity for the purpose of misleading others.

  • Falsify address information or otherwise modify e-mail headers to conceal the identify of any sender or recipient.

  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of any Cando I.T. Site/Service(s) or other user or usage information or any portion thereof.

  • Use the Cando I.T. Site/Services to engage in activities that violate any terms or conditions of any other network access provider or ISP.

  • Your participation in online communication is not edited, censored, or otherwise controlled by Cando IT. However, Cando I.T. reserves the right to review materials posted to a Cando I.T. Site/Services and to remove any materials which Cando I.T. in its sole discretion determines to be harmful, offensive, or otherwise in violation of these Terms of Service. Cando I.T. reserves the right to terminate your access to any or all of the Cando I.T. Site/Services at any time,without notice, for any reason whatsoever. Materials uploaded to the Cando I.T. Site/Services may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

Disclaimer; Limitations of Liability:

  • You understand and expressly agree that use of the Cando I.T. Site/Services are at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the Cando I.T. Site/Services are at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

  • CANDO I.T. DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES,REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THE Cando I.T. SITE/SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. Cando I.T. does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed through the Cando I.T. Site/Services. In no event shall Cando I.T. (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of the use of the Cando I.T. Site/Services in any way, including any loss of use, data or profits, regardless of the form of action.

  • You agree to indemnify, defend and hold harmless Cando IT, its affiliates, officers, directors,employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Cando I.T. site/services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

  • The Terms of Service will inure to the benefit of Cando I.T.successors, assigns and licensees.

Intellectual Property Rights:

  • You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on the Cando I.T. Site/Services. No license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Cando I.T. or any other third party is created by virtue of it being displayed or made accessible on the Cando I.T. Site Services. Except as expressly authorized by Cando IT, you agree not to use the Cando I.T. Site/Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through this site.

  • All content and software (if any) that is made available to view and/or download in connection with the Cando I.T. Site/Services (“Software”) is owned by and is the copyrighted work of Cando IT, and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

  • Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

  • Cando I.T. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE Cando I.T. SITE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Cando I.T. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

Storage Space:

  • In connection with your account or use of the Cando I.T. Site/Services, you may be provided with storage space using Cando I.T.servers and network. The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. You agree that Cando I.T. is not responsible or liable for the deletion or failure to store messages or other information.

Complaints:

  • Please send reports of any activity in violation of these Terms of Service to info@mycando.ca. Cando I.T. will investigate incidents involving such violations and may involve and will cooperate with law enforcement officials if a criminal violation is suspected. Any such violation may result in criminal and civil liability.

  • In order to ensure that Cando I.T. is able to provide high quality services which are responsive to customer needs, you consent to Cando I.T. employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Cando I.T. shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a users account.

Termination of Use:

  • We may modify or discontinue our services or any account, with or without notice, without liability to you, any other user or any third party. Cando I.T. reserves the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Cando I.T.services, or violated these Terms of Service. Cando I.T. may also terminate or suspend your access to Cando I.T. Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Cando IT. The amount of time that Cando I.T. currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the Cando I.T. Site/Service, your right to use the Cando I.T. Site/Service immediately ceases.

Miscellaneous; Entire Agreement:

  • These Terms of Service will be governed by and construed in accordance with the law, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Cando IT.

 
 

Privacy Policy

Cando I.T. is an ISP providing valuable Internet access, products and services to its subscribers and other Internet users. Cando I.T. provides web surfers with applications, information, and links to make the Internet experience more productive and fun. Cando I.T. respects the privacy of every individual who uses the Cando I.T. Site/Services. This Privacy Policy provides notice of
the standards and terms under which Cando I.T. protects such privacy. This Privacy Policy provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

Personally-Identifiable Information:

  • In providing services to you through the Cando I.T. Site/Services, Cando I.T. May collect personally identifiable information, such as your e-mail address, name, home or work address or telephone number. In other instances, Cando I.T. collects anonymous demographic information that is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. Cando I.T. receives personal information from users of the Cando I.T. Site/Services only when such information is provided voluntarily, such as when users login, register or enroll for services, send e-mail to us, post other communications, or provide credit card information for a purchase from Cando I.T. or a third party.

  • When you provide personally-identifiable information through the Cando I.T. Site/Services, it will be used to fulfill your specific request. Absent any instructions from you, Cando I.T. may use information you provide to inform you about additional services and products offered by Cando I.T. and other goods and services providers with whom Cando I.T. has relationships. Cando I.T. will not, however, sell or trade your personally identifiable information unless authorized or legally required to do so. Cando I.T. does not associate sensitive data, such as your race, religion,or political affiliations, with personally identifiable information. Cando I.T. takes precautions to segregate any sensitive data you may provide that reference your race, religion, sexual orientation, ethnicity or political affiliations.

  • In those instances when you may provide Cando I.T. with credit card or other orderinginformation via the web, Cando I.T. protects and secures this information by employing commercially customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET). On those sites where
    you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, Cando I.T. will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, Cando I.T. assumes no obligation to protect such information from disclosure.

  • Although Cando I.T. takes commercially reasonable steps to protect your information, please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through communications services, such as chats, communities, instant messaging, or other services provided by Cando I.T. or third parties, this information may be collected and used by others. Cando I.T. encourages you to review the privacy statements of websites youchoose to view so that you understand how those websites collect, use and share your information. Cando I.T. is not responsible for the privacy statements or other content with respect to any third party websites.

Generic Information:

  • In general, Cando I.T. gathers some generic information automatically. Generic information does NOT reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the parts of the Cando I.T. Sites/Services visited or utilized. Cando I.T. gathers this information for the limited purpose of determining customer service and website needs. We accomplish this by using certain technologies, including "cookies" (a technology that can be used to provide the visitor with tailored information about Cando I.T. services). Cando I.T. does not combine information collected in this way with any personally-identifiable information. You can set your browser to notify you when you receive a cookie and you can refuse it.

 

Cando I.T. Hosted Applications:

  • Information that you disclose in a public space, including on any application hosted by Cando I.T. is available to anyone else who visits that space. Cando I.T. cannot safeguard any information you disclose in these locations. Additionally, Cando I.T. websites contain links to sites that belong to third parties unrelated to Cando IT. Cando I.T. cannot protect any information you may disclose in these sites and recommends that you review the privacy policy statements of those sites you visit.

Exceptions and Limitations:

  • Notwithstanding the foregoing and in compliance with applicable laws, Cando I.T. cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Cando IT) or purported unlawful activities of any user of the Cando I.T. Site/Services. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Cando I.T. may be required to disclose personally identifiable information. In addition, Cando I.T. may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Cando IT; or (iii) to protect the rights or property of Cando I.T. or others. Cando I.T. reserves the right to sell or transfer your information (including , but not limited to name, address information, and other information you provided to Cando IT) to a third party that may purchase Cando IT’s operations or assets, provided such acquirer agrees to adhere to the terms and conditions of this Privacy Policy.

 

User Agreement

In consideration of the Internet access and services (the "Services") being provided to you by CanDo Infortmation Technology (CanDo I.T.) (as herein defined),you agree to the terms and conditions of this Customer Use Agreement (the "Agreement"). If at any time you choose not to agree to all or any of the following terms and conditions, you must notify CanDo I.T.
immediately to cancel your account / services.

The Terms of Service in this Agreement (the "Agreement") are entered into by and between the subscriber ("you," "your" or "Subscriber") and the contracting supplier of Internet access services ("CanDo I.T.," "us" or "we"). You are deemed to have accepted this Agreement upon the earliest of: (a) your submission of an order/subscription; (b) your accepting the terms and
conditions electronically during the ordering process; or (c) your use of the Service (as defined herein). This Agreement includes the terms set forth herein, the Acceptable Use Policy, the Privacy Policy, and all other materials specifically referenced in this Agreement, all of which are incorporated by reference herein. This Agreement sets forth the terms and conditions under
which you agree to use the Service

. ACCEPTANCE OF AGREEMENT:

  • Use of the CanDo I.T.'s services and the access of your Internet account by you as a CanDo I.T. customer and/or an individual constitutes acceptance of this Agreement in full. This Agreement is effective when you first use the CanDo I.T.'s services, including but not limited to access to the Internet, and continues until service terminated by either party. If this Agreement is terminated by either party, you are still responsible for any charges on your account.

  •  If you are a broadband customer, the CanDo I.T. will provide you with dedicated broadband access to the Internet, subject to the terms and conditions set forth herein (the "Service"). Although pre-qualification provides a good measure of certainty regarding service availability, it is not a guarantee of service. We recommend waiting until service is installed and tested for afew weeks before assuming that service will be available and of good quality.

  • Service is provided in conjunction with an underlying circuit provider, which may be your local phone provider. The circuit provider retains the right to cancel the service before or after installation at its sole discretion at any time. The application of certain terms herein vary depending on whether the phone line or circuit for a Subscriber is provided by Bell Canada, Rogers ,Cogeco or another circuit provider. CanDo I.T. breaks out each phone line or circuit for a Subscriber by Networks

 

SUBSCRIBER INFORMATION:

  • You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that CanDo I.T. relies on the information you supply and that providing false or incorrect information may result in additional fees, service delays or the suspension or termination of your Service. You agree to promptly notify CanDo I.T. whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree that your username and password and changes to both of these items are your responsibility.

GENERAL PRICING AND FEES:

  • CanDo I.T.'s prices are shown in the Pricing Schedule and you will be charged based on the plan and options you select during the ordering process. A Subscriber who selects a "Month to Month" plan (a "Monthly Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such Monthly Subscriber at the time of order. However, such monthly prices are subject at any time to increase to CanDo I.T.'s then current prices.

  • Subscriber who selects a "1 Year Contract" plan (an "Annual Subscriber") will pay the monthly price(s) listed on the Pricing Schedule corresponding to the plan and options chosen by such Annual Subscriber at the time of order. Such monthly prices for Annual Subscribers are guaranteed for the initial twelve (12) month Term. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber and will pay CanDo I.T.'s then current prices, subject to increase as described above, unless such Subscriber registers for a new "1 Year Contract" plan at such time, to the extent available. An Annual Subscriber may upgrade or downgrade their Service to a different speed plan during their initial (12) month Term. Any such Annual Subscriber so upgrading or downgrading may, at the time of upgrade or downgrade, in which case such Subscriber shall continue to be subject to all of the terms and conditions of this Agreement for the remainder of such Subscriber's initial twelve (12) month Term and following such initial Term, such Subscriber will automatically become a Monthly Subscriber and will pay CanDo I.T.'s then current prices, subject to increase as described above.

  • In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges,including but not limited to applicable taxes, network usage and surcharges, including chargesimposed against CanDo I.T. by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis; any variations will be reflected in your monthly charge. When possible, CanDo I.T. will break out such charges on the monthly invoice.

  • You may change your plan at any time, A downgrade/upgrade fee may applIy

  • Promotional packages are only available to first time CanDo I.T. subscribers.

PAYMENT, LATE FEES AND OTHER CHARGES:

  • There is no money back guarantee for any Services unless specified in writing. Unless otherwise stated in the Pricing Schedule, CanDo I.T. will invoice the Subscriber monthly. CanDo I.T. bills for services in advance. Subscribers agree to pay within fifteen (15) days from receipt of an invoice. If a Subscriber does not pay an invoice within such fifteen (15) day period, CanDo I.T. may deny, discontinue or otherwise suspend such Subscriber's Service until full payment is received. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. Subscribers are

responsible for any disputed charges beyond sixty (60) days from the date of the charge.

  • Any account which goes into collection status will be transferred to a third-party collection agency and will incur a 35.0% processing fee and all other applicable fees and charges, which the Subscriber agrees to pay.

  • Subscribers must pay a twenty-five dollar ($25.00) service charge on all returned checks and Echecks (ACH).

  • Subscribers mayincur a twenty-five dollar ($25.00) service charge on disputed credit card charges and credit card chargebacks

ACCOUNT BILLING.

  • All billing statements will be sent via e-mail. All credit cards will be charged automatically for each billing period. If you dispute a valid credit card charge levied by the CanDo I.T., your account with the CanDo I.T. will be immediately disabled and you might be charged a twenty-five dollar ($25.00) service charge.

  • All billing disputes should be directed to the Billing Department. Any billing disputes done through a financial institution can result in the immediate cancellation of the Internet account for which the funds have been withdrawn and a twenty-five dollar ($25.00) chargeback fee foreach dispute may be applied. A twenty-five dollar ($25.00) return payment fee will be assessed on all returned payments (checks, Echecks or ACH).

  • The subscriber is responsible for the accuracy of the financial institution information provided and to ensure that there are sufficient funds to cover the amount charged by the CanDo I.T.. Under no circumstances will the CanDo I.T. be held liable for fees incurred by the subscriber's financial institution. Service will be suspended, and ultimately cancelled, if proper payment is not made. To reinstate an account cancelled for a billing dispute, all disputed charges must be repaid and any applicable chargeback fees must be paid.

RATE CHANGES:

  • CanDo I.T. reserves the right to change its rates and otherwise modify the terms and conditions of this Agreement at any time by notifying you 30 days in advance of the effective date of such changes. In the event that you wish to terminate your account due to a price increase, you, the customer, will have 10 days from the date of notification of the effective increase to contact CanDo I.T. to request to terminate services. Otherwise, the existing service will be billed at the new rate. This Agreement hereby super-cedes all previous representations, understanding, or agreements, written or oral, by or between you and the CanDo I.T., and shall prevail notwithstanding any variance with terms and conditions of any and all orders submitted.

SERVICE UPGRADES:

  • If a subscriber to CanDo I.T.'s service upgrades, pursuant to their agreement with CanDo I.T. covering such services, the Subscriber is entitled to a credit equal to their remaining unused prepaid fees toward the new service, upon entering into this Agreement, the Subscriber can apply Credit toward their Service fees. However, the credit can only be used as a credit against their Service fees under this Agreement and the Subscriber will not receive a refund of any unused portion of their credit not applied toward their Service fees.

EQUIPMENT:

  • Required equipment is available for purchase or lease via the CanDo I.T.. End users can provide their own hardware, but CanDo I.T. is not responsible to provide any support or warranty for end user provided hardware. In addition,  CanDo I.T. cannot guarantee that an end user provided modem will work with the CanDo I.T.'s service.

  • All leased/rented equipment is the property of CanDo I.T.

  • Upon cancelling the Service with the CanDo I.T., Subscribers who have opted to lease/rent hardware from the CanDo I.T. are required to return the leased equipment within thirty (15) days of notifying the CanDo I.T. of their wish to cancel.

  • Any leased/rented hardware that is not returned to the CanDo I.T. within thirty (30) days will incur a equipment surcharge, non-returned modem fee to the Subscriber for the purchase cost of the hardware. Failure to these return hardwared may result in the transfer of the account to a third-party collection agency and will be considered theft of CanDo I.T property

  • The return of the leased hardware to the CanDo I.T. is at the cost of the Subscriber only. The CanDo I.T. is not responsible for providing any return shipping boxes or labels, nor is the CanDo I.T. responsible for crediting or refunding the Subscriber any monies paid for mailing or shipping the leased hardware. Subscribers who do not ship or mail the leased modem back to the CanDo I.T. in a manner that will provide them with a Tracking Number or Shipping Number from their chosen shipping CanDo I.T. (Postal Service, UPS, DHL, etc.) are solely responsible for the full purchase cost of the hardware if CanDo I.T. does not receive the package.

SOFTWARE:

  • In connection with our provision of the Service, we may provide to you, via download, CD, other media, or other delivery method, the use of certain software which is owned by CanDo I.T. or third party licensors, circuit providers, and suppliers, and which may be provided free or for a fee, including client and/or network security software (the "Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose. The Software may be accompanied by an end user license agreement from CanDo I.T. or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

TERM:

  • This Agreement is effective as provided above and shall continue until terminated by Subscriber or CanDo I.T. pursuant to this Agreement. Each Monthly Subscriber is on automatically renewing monthly terms beginning on the first day of the customer billing cycle. The billing cycle is defined as the date when the customer first signed up for service.

  •  An Annual Subscriber is on a twelve (12) month term beginning on the day such Subscriber accepts the terms of this Agreement as provided above. Following the initial twelve (12) month Term, an Annual Subscriber will automatically become a Monthly Subscriber.

TERMINATION BY SUBSCRIBER:

  • Subscriber may terminate this Agreement at any time for any reason by providing CanDo I.T. with notice in the form of a written termination request as determined by the CanDo I.T., and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Such period begins on the date on which CanDo I.T.receives Subscriber's request, or other valid written termination request. A Monthly Subscriber's termination will be effective on either (a) the last day of the current monthly billing cycle, or (b) after the receipt of the phone or valid written termination request. An Annual Subscriber's termination, if received by CanDo I.T. at least prior to the end of their twelve (12) month term, will be effective at the end of such twelve (12) month term, unless such Annual Subscriber requests an earlier date. Notwithstanding the foregoing provisions of this section 10, if CanDo I.T. receives a phone or valid written termination request from a Subscriber, CanDo I.T. may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 10. If this Agreement is terminated prior to the end of an Annual Subscriber's twelve (12) month term, such Annual Subscriber must pay, in addition to all fees and other charges accrued or otherwise payable under the terms of this Agreement, an early termination fee in the amount of two hundred and fifty dollars ($250.00) ("Early Termination Fee"). An exception to this are subscribers who have subscribed to CanDo I.T, these will be subject to a $100.00 Early Termination Fee. EastLink subscribers are subject to a $50.00 Early Termination Fee. In the event an Annual Subscriber terminates this Agreement prior to the end of their twelve (12) month term because of a service-related problem not caused by the Subscriber that CanDo I.T. has failed to cure after what CanDo I.T. determines in its sole discretion to be a reasonable amount of time based on the circumstances, the Subscriber is entitled to a waiver of the Early Termination Fee. For such waiver to apply the reason for the waiver stated above must have occurred before termination and the Subscriber must report such reason for termination to CanDo I.T. in its valid written termination request. CanDo I.T. must in turn be given the opportunity to resolve the problem and the Subscriber must be willing to troubleshoot with CanDo I.T. as well as be available for and authorize the dispatch of a network CanDo I.T. technician. CanDo I.T. does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's telephone number will never constitute a termination request.

A written termination request is valid only if it includes your full name, phone number (if applicable), username, date you wish the service to be cancelled and the reason for canceling and is submitted using one of the following methods:

 

  1. Via email at accounting@mycando.ca with signed cancellation form.

  2. Via mail to: Attn: Cancellation Department 113 Richmond Blvd, Unit 6 Napanee ON K7R 3Z8

TERMINATION BY CanDo I.T:

  •  If, in CanDo I.T.'s sole discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, CanDo I.T.'s servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with CanDo I.T.'s technical support staff, customer service staff or any other CanDo I.T. employees or representatives; (d) CanDo I.T. receives an order from a court to terminate a Subscriber's Service; or (e) CanDo I.T. for any reason ceases to offer the Service, then CanDo I.T. at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement, including without limitation the Early Termination Fee and equipment charges set forth herein, if applicable.

  • In addition any Internet activity, which references back to the CanDo I.T. or its services in a damaging manner, will result in suspension or termination of account(s). Illegal Internet activity using or referencing to the CanDo I.T. or an account or services provided by the CanDo I.T. will result in immediate termination, possible prosecution, and assessment of legal fees accrued.

 

TERMINATED SUBSCRIBER:.

  • CanDo I.T., in its sole discretion may refuse to accept a Subscriber's application for renewal following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by CanDo I.T., may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber's use of the Service, CanDo I.T. has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.

  • In addition there is no discount for the CanDo I.T. to forward your email or website, if you choose to terminate your account with the CanDo I.T.. For this reason, it is recommended that you continue your account with the CanDo I.T. for as long as necessary for forwarding purposes. As long as the CanDo I.T. forwards your email or website, you will need to continue your account with the CanDo I.T..

SPEED OF SERVICE:

  • Speed rate for subscribers is not guaranteed and depends upon the Subscriber's plan and infastructure capabilities (e.g., loop length, line condition, gauge of copper wire ,provisioning, location from central office, etc.). The maximum speed for is stated under optimal conditions and may vary significantly. Speeds are subject to a 20% overhead (e.g., 768k stated speed = 768k times 80% throughput = 614k actual speed). Minimum speeds are offered for an a Subscriber and are based on the package's listed minimum speed minus 20% overhead (e.g., 384-1500k/128-256k stated speed = 384k times 80% throughput = 307k actual speed.) Actual speeds that fit the 80% of the minimum throughput criteria are considered acceptable.

  • All Services are provided on an AS IS basis and throughput speeds are not guaranteed.

ISP CHANGE/TRANSFER:

  • CanDo I.T. is not responsible for cancellation of your previous ISP's service or notification of transfer to any ISP.

  • CanDo I.T. is not responsible downtime that you may experience when switching from your current Internet service provider. (Most Subscribers experience less than twenty four (24) hours of downtime during this process but overall downtime can be between zero (0) and four (10) business days.

  • You are responsible, and you hold CanDo I.T. harmless, for any and all early termination, cancellation or other fees, charges or obligations resulting from your change of Internet service to CanDo I.T..

INSTALLATION:

  • Unless otherwise requested by the Subscriber, the first available installation date will be provided. Any installation date provided to a Subscriber is only an estimate and is no way a guaranteed installation date. Subscribers understand and agree that there may be circumstances that delay a Subscribers estimated installation date and any such delay will not be considered a breach of this Agreement by CanDo I.T.. Payment for your initial month's service (and if applicable: setup fees, installation fees, and equipment) must be received prior to your turn-on date in order for your setup instructions and IP information to be released to you. If your payment is not received by your turn-on date, you will be responsible for the service fees even though your IP and setup information has not been provided to you. A Subscriber's computer must be equipped with an Ethernet Network Interface (NIC) card for proper internet operation. CanDo I.T. does not include a PCI NIC card as part of the modem package.

SELF-INSTALLATION:

  • Self-installation allows the Subscriber to install their equipment. This option provides service to the minimum point of entry ("MPOE") of your phone service. Your MPOE is normally located outside your building. Inside wiring and inside wiring repair is not included with this option. If inside wiring or inside wiring repair is required, you must contract with your circuit provider, CanDo I.T. or other professional for such work at your own cost. Faulty inside wiring is not grounds for cancellation of your contract. Multi-line phones, phone systems, alarm system or special phone configuration may require a professional installation or special multi-line phone filters. CanDo I.T. does not provide nor is responsible for any special equipment including but not limited to a POTS splitter or multi-line phone filters. A required professional installation, need for special equipment in order to establish a connection or an incompatible phone line or phone system is not grounds for cancellation of your contract

PROFESSIONAL INSTALLATION:

  •  Subscribers may request a Professional Installation for a one-time fee , based on service type.

SUBSCRIBER SUPPLIED HARDWARE:

  • If a Subscriber supplies their own hardware, the Subscriber assumes the risk of service incompatibility. Incompatible Subscriber hardware or other Subscriber equipment shall not relieve Subscribers from any of their obligations under this Agreement while troubleshooting defective or incompatible equipment even if Subscriber's Service is down during such periods of troubleshooting.

VIRTUAL DOMAINS:

  • You acknowledge that the registration of a domain name confers no legal right (including any trademark right) to that name, as set forth in InterNIC regulations or similar regulations. Any domain name associated with a closed account for which no alternative name service has been arranged will be unregistered.

SUBSCRIBER PREMISE EQUIPMENT:

  • The PPPoE connection will allow one computer to use your DSL connection. Static IP accounts include a bridge which can be used ahead of one computer or router provided by you. CanDo I.T. does not provide support for router(s). All packages include basic instructions and support.

TECHNICAL SUPPORT:

  • CanDo I.T. assumes that the Subscriber has a basic understanding of their computer. CanDo I.T. will not train you in basic computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning computer system for access to our services. Your computer must recognize your modem or network card, and receive a dial tone or network link connectivity before any technical support will be dispensed. Our technical support staff is not trained to, has no obligation to and will not assist you in installing and/or troubleshooting network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. CanDo I.T. is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during CanDo I.T.'s hours of operation. If a Subscriber wishes to utilize CanDo I.T.'s technical support, the Subscriber must be available to help troubleshoot the connection or computer setup. CanDo I.T. does not provide on-site technical support. However phone CanDo I.T. technicians may be dispatched to troubleshoot the circuit with a Subscriber's approval. The Subscriber is solely responsible for all charges involved with dispatching a technician to troubleshoot their line. The pricing for dispatching a technician will be determined by the infrastructure. CanDo I.T. does not have control over these prices. Subscriber understands and agrees that any such technician or other person dispatched to troubleshoot Subscriber's line is not an employee or agent of CanDo I.T. and CanDo I.T. is not liable for any damages, costs or expenses relating to or arising from any acts, errors or omissions by any such technician or other person.

COMPLIMENTARY SERVICES:

  • News Server , personal web space, pop up stopper and online virus scan are complimentary services and carry no uptime or throughput guarantees and minimal technical support. The News server is subject to change at anytime.

ANTI-SPAM AND ANTI-VIRUS FILTERS:

  • The anti-spam and anti-virus filters are services available for Subscribers. CanDo I.T. is not responsible for any email messages, legitimate or not, that are filtered or deleted by the SPAM filtering software. CanDo I.T. is not responsible for any email messages, legitimate or not, that are filtered or deleted by the filtering software. CanDo I.T. is not responsible for any email messages, legitimate or not, that are not filtered or deleted by the anti-phishing filtering software

MAINTAINING CURRENT TELEPHONE SERVICE:

  • DSL service shares the Subscriber's current telephone line and service. It is the Subscriber's sole responsibility to maintain the phone line and phone number of original installation in continuous working order with the local phone CanDo I.T. in order to receive the Services. A Subscriber who disconnects telephone service remains responsible for monthly service fees, Early Termination Fees and all other fees, charges and other obligations provided for in this Agreement. This includes but is not limited to change of phone number, change of phone line or change of service location. A change in phone service will result in downtime while service is reestablished.

 IP ADDRESSES:

  • Each Subscriber is allowed one (1) computer device per IP address. Upon expiration, cancellation or termination of this Agreement, a Subscriber must relinquish any IP addresses or address blocks assigned to them by CanDo I.T. . CanDo I.T. may choose to assign any Subscriber a new IP address at any time.

ACCEPTABLE USE:

  • Subscriber agrees to use the DSL Service in accordance with CanDo I.T.'s acceptable use policy ("Acceptable Use Policy") . CanDo I.T. reserves the right to make changes to the Acceptable Use Policy without notice.

PRIVACY POLICY:

  • CanDo I.T. will treat each Subscriber's personal information in accordance with our privacy policy ("Privacy Policy"). Subscriber agrees to the terms of the Privacy Policy. CanDo I.T. reserves the right to make changes to the Privacy Policy without notice.

SENDING OUT BULK OR UNSOLICITED EMAIL:

  •  The use of your account to send out any bulkand/or unsolicited e-mail, commercial or otherwise (spamming), is strictly prohibited. Any violation of this policy may result in the immediate termination of your account, at the sole discretion of the CanDo I.T.. If you violate this spamming policy, you will be assessed the following fines and penalties, which you hereby agree to pay:

(a). First offense: $100.0
(b). Second offense: $500.00
(c). Third offense: $500.00 and automatic termination of your account.


POSTING ON NEWSGROUPS:

  • The posting of any advertisement or other commercial solicitation to any newsgroup is prohibited. The CanDo I.T. reserves the right to determine whether a post constitutes an advertisement or commercial solicitation. The posting of a single article or substantially similar articles to an excessive number of newsgroups or mailing lists, or continued posting of articles that are off-topic is strictly prohibited. A posting will be considered off-topic when it provokes complaints from the regular readers of the newsgroup or is deemed so by the CanDo I.T.. A violation of this policy will result in the immediate termination of your account.

 

MISREPRESENTATON:

  • Impersonating another user or otherwise falsifying one's user name in e-mail or any post to any newsgroup or mailing list is strictly prohibited. 

 

RESALE OF SERVICES:

  • Subscribers are not permitted to resell or redistribute the Internet connection to other parties.

 

WARRANTIES AND LIMITATIONS OF LIABILITY:

 

  • AS A SUBSCRIBER YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, EQUIPMENT AND SOFTWARE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN tHIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE OR EQUIPMENT PROVIDED BY CanDo I.T. (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE OR EQUIPMENT). CanDo I.T. (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, CanDo I.T.S AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, SOFTWARE AND EQUIPMENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY CanDo I.T. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF CanDo I.T. TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

  • CanDo I.T. DOES NOT WARRANTY OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF CanDo I.T. HAS ACCEPTED YOUR ORDER FOR DSL SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS, INCLUDING WITHOUT LIMITATION, LOOP LENGTH, THE CONDITION OF YOUR TELEPHONE LINE AND WIRING INSIDE YOUR LOCATION, AND YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS. IN THE EVENT YOUR LINE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR CanDo I.T. SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT (OTHER THAN YOUR OBLIGATION TO RETURN ANY CanDo I.T. -PROVIDED EQUIPMENT, PURSUANT TO THE TERMS OF THIS AGREEMENT).

  • ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW. CanDo I.T. SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY.

  • CanDo I.T. DOES NOT WARRANT THAT THE SERVICE, SOFTWARE OR EQUIPMENT PROVIDED BY CanDo I.T. WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE,OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. CanDo I.T. SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION,PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. CanDo I.T. MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE, THE EQUIPMENT OR THE INTERNET. CanDo I.T. MAKES NO WARRANTY REGARDING THE

CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE, THE SOFTWARE, THE
EQUIPMENT OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE, THE EQUIPMENT AND THE INTERNET GENERALLY. YOU AGREE TO USE ALL SERVICES AT YOUR OWN RISK. YOU AGREE NOT TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY,
ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS. IN NO EVENT SHALL CanDo I.T. (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, CanDo I.T.S OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF CanDo I.T. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN THE TOTAL AMOUNT OF ANY LIABILITY OF THE CanDo I.T. SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY THE CanDo I.T. OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING THE CanDo I.T.'S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 29 ALSO APPLY TO CanDo I.T.'S
THIRD PARTY LICENSORS, CanDo I.T.S AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS
AGREEMENT.ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH CanDo I.T. (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), CanDo I.T.'S THIRD PARTY
LICENSORS, CanDo I.T.S AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE. THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
CanDo I.T. RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE, THE SOFTWARE OR THE EQUIPMENT, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS CanDo I.T. (OR ITS
OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, CanDo I.T.S OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEEMNT OR SUBJECTING CanDo I.T. (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, CanDo I.T.S OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIOINAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF CanDo I.T. (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, CanDo I.T.S AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.


LINKS:

  • CanDo I.T. or third parties may provide links to websites other than www.mycando.ca or other resources. Because CanDo I.T. has no control over such websites and resources, you acknowledge and agree that CanDo I.T. is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that CanDo I.T. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

 

INDEMNIFICATION:

  • You agree to protect, defend, indemnify and hold harmless CanDo I.T. from and against all liabilities, losses, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation or breach of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software, the Equipment or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for libel, unfair competition, unfair trademarks, trade names or patents, violations of rights of privacy and infringement of any intellectual property rights arising from your use of the Service, the Software, the Equipment or the Internet.

REVISIONS:

  • CanDo I.T. may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website www.mycando.ca . Subscribers agree to visit this page and the links thereon periodically to be aware of and review any such revisions. Increases to the monthly price of the Service for Monthly Subscribers shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.

 

ASSIGNMENT:

  •  You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. CanDo I.T. may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

 

CHOICE OF LAW:

  • You agree that this service is governed by the Laws of the State/Province in which the CanDo I.T. resides.

  • You agree that the County in which the CanDo I.T. is located shall be the forum for any legal action relating to the services provided.

 

COMPLIANCE:

  • CanDo I.T.'s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

 

POLICY ENFORCEMENT:

  • The CanDo I.T. reserves the right to take whatever actions we deem appropriate to enforce these policies.

  • The CanDo I.T. also reserves the right to change these policies without prior notice at any time. The actions the CanDo I.T. takes may include account suspension or termination. The CanDo I.T. does not issue any credits for accounts cancelled due to policy violations. The CanDo I.T. reserves the right to refuse service to anyone at anytime for any reason.

THINGS BEYOND CanDo I.T.'S CONTROL:

  • CanDo I.T. will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

 

ENTIRE AGREEMENT:

  • This Agreement, including all policies posted on CanDo I.T.'s website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and CanDo I.T. with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.

 

NOTICE:

  • Notices by CanDo I.T. to you shall be deemed given: (a) when sent to your CanDo I.T. email address, (b) when deposited in the mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.

SURVIVAL:

  • All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.

DEFINITION OF CanDo I.T..:

As used in this Customer Use Agreement, the term the "CanDo I.T." refers to CanDo Information Technology.

 

COPYRIGHT INFRINGEMENT:

  • We respect the intellectual property of others. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please contact customer support and report possible copyright infringement.

Acceptable Use Policy (AUP)


Subscriber agrees that the Supplier may terminate, without refund, Subscriber’s service for any violation of the Supplier’s Acceptable Usage Policy located at “Customer Location”.

For purposes of the Prohibited Activities, the term “information” means material of any type capable of being posted or transmitted on or through the Provider Internet Access Service, including material in print, graphic or pictorial form. When using the Provider Internet Access Service:


Subscriber will not willfully engage in the following activities:

 Defamation. You agree not to post or transmit any information in violation of any applicable law.
 

 Fraud. You agree not to post or transmit any fraudulent information on or through the Provider Internet Access Service. This mean any information that you know or have reason to know is false, and that you intend for others to rely on.
 

False advertising. You agree not to post or transmit on or through the Provider Internet Access Service any advertising or promotional materials that contain false, deceptive or misleading statements, claims or representations.
 

Unsolicited advertising    You agree not to post or transmit any unsolicited advertising, promotional materials or other forms of solicitation to other Subscribers, individuals or entities, except in those areas (e.g., the classified areas) that are designated for such a purpose.
 

Copyright violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s or entity’s copyright in all or any part of the information.   

Trademark, service mark and trade dress violations. You agree not to post or transmit on or through the Provider Internet Access Service any information that infringes another person’s rights in its trademark, trade dress or service mark.

 

Trade secret violations.  You agree not to post or transmit on or through the Provider Internet Access Service any information that reveals trade secrets belonging to another person, business, service or other entity.

 

Obscenity. You agree not to post or transmit any obscene or sexually explicit images or other content on or through the Provider Internet Access Service.


Harassment, threats and abuse.    You agree not to use the Provider Internet Access Service to harass, threaten, abuse, embarrass or cause distress, unwanted attention or discomfort to any person or entity, by any means, including the use of vulgar, hateful, racially, ethnically or otherwise objectionable information.


 False pretenses. You agree to not use the Provider Internet Access Service to impersonate any person, including but not limited to, a Provider official or an information provider, guide, or host or communicate under a false name or a name that you are not entitled or authorized to use in all forms of Online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue and message posting.


Chain letters. You agree to not post or transmit chain letters, or letters or messages that offer a product or service based on the structure of a chain letter, on or through the Provider Internet Access Service.
 

Inappropriate content. You agree not to post or transmit on or through the Provider Internet Access Service information that is patently inappropriate material, e.g., information or topics not related to the topics focused on by the participants in a particular newsgroup or mailing list

.
Disruptive activities. You agree not to use the Provider Internet Access Service to disrupt the normal flow of Online dialogue, or otherwise act in a manner that negatively affects other Subscribers, users, individuals or entities.
 

Violations of Service Provider’s rules. You agree to not use the Provider Internet Access Service to violate any operating rule, policy or guideline of any other Online service provider or interactive service.


 Multiple access. You agree that this Agreement is not transferable. You agree not to simultaneously access the Provider Internet Access Service for more than one session at any time.
 

Abuse of Provider’s procedures. You agree not to make false or unverified complaints against any Provider subscriber, or otherwise abuse any of Provider’s Complaint Response Procedures.

 

Systems abuse. You agree not to abuse the system by causing any harm to the system so that it inhibits other user’s ability to effectively use the system.


 SPAM. Post or cross-post, regardless of content, of the same message to twenty or more newsgroups.   

Post, transmit, distribute or disseminate content which is unlawful, threatening, harassing, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;

 

Disrupt the Supplier’s network, or the nodes or services thereof, or, directly or indirectly, use the Services to restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the use of the products or services of the Supplier or the Internet, including, without limitation, knowingly posting or transmitting any information or software which contains a virus, lock, key, bomb, worm, cancelbot, Trojan horse or other harmful, debilitating or disruptive feature or engage in unauthorized linking or framing; unless permitted by the Agreement, make, directly or indirectly, any of the products or services received from the Supplier available to any third party.


The Customer shall not permit any third party to gain access to the termination equipment of either the Supplier or the Customer for the purpose of obtaining access to the Supplier’s network for the purpose of obtaining any of the products or services of the Supplier, whether directly or indirectly; make unauthorized attempts to gain access to any account or computer resource not belonging to the Customer (i.e. engage in “spoofing”) or otherwise gain unauthorized access to, alter or destroy any information of another person by any means or device;


Engage in any activities that deny or disrupt service to any customer or end-user of the Supplier

 

Use any of the Services contrary to the decisions, orders, policies or other requirements of the Canadian Radio-television and Telecommunication Commission or other regulatory bodies with jurisdiction over the Services.


Subscriber shall not use CanDo I.T Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with CanDo I.T Services reserves the right to remove or edit messages or material submitted by Subscriber.


Any activity that violates federal, provincial, state or local law. Any activity which is a violation of any federal, provincial, state, local law or ordinance, or any regulation of any governmental administrative agency.

Acceptable Use of Unlimited Plans

Services that are installed into residential locations are governed by our normal use policy which is listed in this section.

In the event of disproportionately high usage of CanDo I.T’s network resources by The Customer, CanDo I.T may levy usage surcharges outlined in the table below per billing period. At the discretion of CanDo I.T this may be is in addition to traffic shaping to reduce the effective available bandwidth provided to a residential customer who uses in excess of the transfer limits in the table below in any billing cycle.

If a business service is required one can be provided to you that would allow you to sustain continued excessive use.

Customers will be notified if exceeding 1.5-1.75TB during there billing period, fees listed below are in additions to the subscribers regular service rate.

 

Month Total Bandwidth (Terabyte TB)           Surcharge:

2TB                                                               $15.76

2.25TB                                                          $19.70

2.5TB                                                            $23.64

2.75TB                                                          $27.58

3 TB                                                              $31.52

3.25 TB                                                         $ 35.46

3.25 TB+                                                       TBD

 

Rates above do not include applicable fees or taxes.


Chat Rooms: If Subscriber participates in any chat room, bulletin board or any other forum or similar service within or in connection with ISP, Subscriber shall not: (a) engage in behaviour that violates or infringes in any way on the rights of others, including any statements which may defame, abuse, harass or threaten others; (b) make any bigoted, hateful or racially offensive statements; (c) advocate illegal activity or discuss illegal activities with the intent to commit them; (d) post or distribute any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offence or give rise to a civil liability; (e) post or distribute any vulgar, obscene, discourteous or indecent language or images; (f) post or transmit, without ISP express prior approval, material which contains advertising or any solicitation with respect to products or services; (g) post, transmit or distribute any software or other materials which contain a virus or other harmful component; or (h) post or transmit material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. ISP is not responsible for material submitted to ISP or posted in chat rooms, on bulletin boards or on other forums by users of the ISP. If the Customer is at any time in breach of the requirements of this paragraph, the Supplier may immediately and without notice, and in addition to all other rights and remedies under the Services Agreement and at law and in equity, suspend the supply of any or all Services to the Customer pursuant to the Services Agreement. Any such suspension of the supply of Services shall not constitute a termination of the Services Agreement and shall not excuse the Customer from liability to make the payments to the Supplier required by the Services Agreement during the period that the provision of the Services to the Customer is suspended. The supply of Services pursuant to the Services Agreement shall resume upon the Customer no longer being in breach of the requirements of this paragraph and the payment by the Customer to the Supplier of any and all costs of the Supplier to suspend and restore service and a $500 reinstitution charge. Continued breach of the requirements of this paragraph may result in termination of the Services Agreement pursuant to the provisions of these Standard Terms and Conditions set forth under “Termination of Agreement”.

 

Privacy: The Supplier cannot guarantee privacy for Internet users. Messages on the Internet may be subject to third party interception and review. The Supplier therefore recommends that the Services not be used for the transmission of confidential information.

 

Monitoring: The Supplier has no obligation to monitor the Services. However, in order to protect itself, its suppliers and its customers, the Supplier and its suppliers will be entitled to electronically or otherwise monitor the Services and to disclose any information obtained thereby which is required by law or court order. The Supplier and its suppliers will not intentionally monitor or disclose any private e-mail message unless required by law or court order. The Supplier and its suppliers will comply with all privacy and data protection laws when monitoring and disclosing information and agree that such laws supercede the provisions of the Services Agreement in the event of any conflict or uncertainty. Subscriber fully understands that the Supplier actively cooperates with any and all agencies involved in the investigation and/or prosecution of illegal activities. Subscriber agrees to defend, indemnify and hold harmless ISP, its affiliates, directors, officers, employees or agents for all damages and claims that may arise from the subscriber’s use or misuse of the service which damages either the subscriber, ISP or a third party.