Mitchell Seaforth Cable TV Ltd., Grand
Bend Cable TV Ltd., Ward Cable TV Ltd. (hereinafter
called CABLE TV) provides Cable Television Services,
Internet Access and other Internet and Networking related
services. Both CABLE TV and the Account Holder undertake
certain responsibilities and enjoy certain privileges.
The most important of these are outlined below. Any
comments or suggestions about this agreement should
be sent to cabletv@ezlink.ca
CABLE TV DATA Terms and Conditions
1) CABLE TV provides its services in exchange for the
payment of all applicable fees and upon compliance with
these Terms and Conditions by the Account Holder.
2) The Account Holder may use CABLE TV services for
lawful purposes only. It is unlawful to transmit any
material in violation of any Canadian or Provincial
regulation. Such material includes, but is not limited
to copyrighted material, material legally judged to
be threatening or obscene, or material protected by
trade secret. Public Domain material (e.g., text, programs,
and images) may be transmitted using CABLE TV services.
The responsibility for determining whether any material
is in the public domain is the Account Holder's. Transmission
of copyrighted material (e.g., text, programs, and images)
requires the express permission of the copyright holder.
The responsibility for obtaining this permission is
the Account Holder's. If the Account Holder's use of
CABLE TV services damages that Account Holder or anyone
else the Account Holder will indemnify CABLE TV and
hold CABLE TV harmless from any claims.
3) CABLE TV reserves the right to suspend or terminate
any account upon discovery of it’s involvement
in (including but not limited to) the following activities
or events:
A) Perpetration of unlawful activities.
B) Use of CABLE TV as a platform for gaining unauthorized
access to or doing mischief on other systems including
but not limited to configuring your computers internet
address settings by any method other than CABLE TV’S
DHCP server.
C) Bulk mailings or bulk postings to news
D) Tampering with or violating the privacy of other
Account Holder’s files.
E) Overuse of system resources including spawning excess
processes or processes that persist continuously
F) Hosting Internet or FTP content including but not
limited to all forms of file serving
To ensure all Cable TV Internet clients have fair and
equal access, Cable TV monitors the network to prevent
excess consumption of bandwidth by a small number of
clients. Determining excess consumption is fairly straightforward
using historical, statistical analysis of the user base.
Cable TV provides a generous baseline for normal usage
of system resources. When a client exhibits patterns
placing that client above the baseline threshold for
an extended period of time, Cable TV may temporarily
limit that client’s throughput or disconnect the
service to ensure the integrity of the system for other
clients
4) CABLE TV services are provided for the use of the
party agreeing to these terms alone. Resale or use of
the Account Holder's privileges and connection with
CABLE TV by any other person or any other organization
is prohibited.
5) The Account Holder understands that violations of
these Terms and Conditions is unethical and may involve
criminal offense. When CABLE TV becomes aware of such
violations it is obliged to investigate and, should
it be necessary, inform and cooperate with appropriate
Local, Provincial, and Federal authorities in their
investigations.
6) Account Holder must subscribe to Basic Cable Television
Service provided by CABLE TV.
7) Initial payment is due upon activation which includes
all installation and first months payment. Subsequent
payments are due prior to the next month’s service
rental. Non payment of any CABLE TV Service to include
but not limited to CABLE TV Television Services or CABLE
TV Data Services could result in termination of all
Services provided by CABLE TV to Account Holder.
8) The Account Holder agrees that the modems provided
remain the property of CABLE TV and upon termination
of service modem(s) must be returned to CABLE TV within
7 days of termination. If modem(s) is/are NOT returned
a charge of $700.00 plus taxes will be applied to Account
Holder's account and may be applied to the credit card
provided by Account Holder.
9) Account Holder warrants the modem provided will
remain powered up and connected to Cable TV line at
the installation address noted on CABLE TV’S most
current work order. Unauthorized relocation of the modem
will result in termination of service.
10) When an account is suspended it means that cable
modem activity is no longer accepted. When an account
is terminated, all mail, files, and directories associated
with it are erased.
11) Requests for cancellation of an account should
be sent to CABLE TV in writing via e-mail, fax, or postal
service.
12) CABLE TV exercises no control over the content
of the information passing through it or stored in it.
All Account Holders and especially parents are hereby
notified that messages, conversations, and graphical
images with sexually explicit and violent content exist
on the Internet and consequently might be encountered
when using CABLE TV services. An Account Holder must
be an adult.
13) CABLE TV disclaims any warranty of merchantability
or fitness for a particular purpose. CABLE TV will not
be responsible for any damage the Account Holder suffers
or any fees, including attorney's fees, the Account
Holder incurs. This "damage" includes, but
is not limited to, loss of data resulting from delays,
nondeliveries, misdeliveries, hardware installation/operation
(listed below and approved by Account Holder’s
signature) or service interruptions caused by its own
operations or the Account Holder's errors or omissions.
Use of any information obtained via CABLE TV is at the
Account Holder's own risk. CABLE TV specifically denies
any responsibility for the accuracy or quality of information
obtained through its services.
14) These published Terms and Conditions supersede
all previous representations, understandings, or agreements
and shall prevail notwithstanding any variance with
terms and conditions of any order submitted. Upon notice
published in CABLE TV's on-line documentation and to
all Account Holders via e-mail, CABLE TV may modify
these terms and conditions, amplify them, as well as
change or discontinue services offered. Use of CABLE
TV constitutes acceptance of these Terms and Conditions.
If these Terms and Conditions do not meet with the Account
Holder's agreement, that Account Holder should contact
CABLE TV to initiate account closure and the remission
of any applicable refund.
