Customer Agreement & Internet Usage
Policy
General Acknowledgement
For all new registrations, credits will only be given to accounts that cannot receive service. Delays in activation due to improper information provided by you the customer, home wiring, central office or telephone line problems, or anything of the like do NOT qualify as non‐serviceable events. HeroNet Inc, hereby known as “HeroNet,” must be allotted the opportunity to complete it’s troubleshoot before a refund/credit will be issued.
HeroNet or any of its agents or third party providers is only responsible to bring/provide service to the locations demarcation point. Under no circumstance or condition are any of the above responsible for any inside wiring, internal repairs or equipment.
HeroNet or any of its agents or third party providers cannot be held accountable or responsible under any circumstance or condition for any cancellation fees or costs incurred by you from you previous service providers.
A $5 dollar or 2% monthly charge, whichever is greater, will be applied against delinquent accounts. Please ensure that the email provided is valid and regularly checked, as all notifications will be sent via email.
Customer Obligations
1. The Customer shall:
A. For any Customer or third party provided equipment or software, arrange for the supply, installation and maintenance of such equipment, if applicable, and ensure that such equipment or software is installed and maintained according to the manufacturer’s specifications and the customer’s specifications, if any;
B. Understand that service is available where technology permits.
C. Agree that rates do not costs to correct internal wiring problems at customers’ premises. Ensure at all times that the HeroNet Provided Equipment and Customer or third party provided equipment is stored in a manner and in an environment which conform to the relevant equipment manufacturer’s specifications;
D. Be responsible for the loss of and risk or damage to the HeroNet Provided Equipment except where caused by the negligence or wilful misconduct of HeroNet;
E. Provide all necessary infrastructure, including without limitation, power outlets, grounding and anti static environments required for the safe and efficient operation and maintenance of the HeroNet Provided Equipment and the Customer or third party provided equipment in accordance with Canadian Standards Association or other specifications or regulations as applicable; and
F. Permit HeroNet or its Third Party Providers prompt and safe access to its premises for the purpose of performing its obligations under the service(s) provided or disconnecting and removing the HeroNet Provided Equipment.
2. The Customer, its agents, employees or representatives shall not commit any act or cause or permit any act to be committed or provide any services which will conflict with or affect in any way the provision of the Services by HeroNet.
3. The Customer agrees not to tamper with, alter or otherwise rearrange the Services nor shall it permit or assist others to abuse or fraudulently use the Services including but not limited to using the Services (i) in any manner which interferes unreasonably with the Services or HeroNet’s network, or access thereto by other persons; or (ii) for any purpose or in any manner directly or indirectly in violation of applicable laws or in violation of any third party rights.
4. The Customer shall solely be responsible for use of the Services at his / her address and agrees to take all necessary measures to ensure that all end users at said address use the Services in accordance with these terms and conditions. The Customer agrees to comply with (i) the Internet Use Policy set forth herein, which
policy may be amended by HeroNet from time to time; to the extent the Customer is receiving an Internet based service, and (ii) any third party software license terms and conditions in respect of software used by the Customer in connection with the use of the Services.
5. The Customer shall be solely responsible for obtaining necessary licenses and/or authorizations for all software and equipment, which are not provided by HeroNet. HeroNet shall not be responsible if any changes in the Services cause equipment, hardware or software not provided by HeroNet to become obsolete, require modification or attention, or otherwise affect performance of same. HeroNet shall provide the Customer with one (1) months’ notice of such changes.
6. The Customer recognises that the decisions made by the Canadian Radio and Television Commission (the “CRTC”) and other regulatory bodies with jurisdiction over HeroNet and its services affect the contracts for services contracted HeroNet and HeroNet’s costs of providing them. The Customer understands that all cited prices for all services HeroNet offers either on an initial term or on a renewal of contract may be increased immediately in the event that the CRTC or other regulatory bodies issue orders that may apply to the services contracted or for the price for those services. HeroNet therefore reserves the right to increase the rates paid by the Customer and increase the amount on the Customer’s bills to reflect these increased costs.
7. HeroNet reserves the right to take all actions, including immediate suspension of The Services, which it considers necessary to assure compliance with the Customer Obligations. The Customer will be responsible for all additional costs, liabilities and expenses incurred by HeroNet resulting directly from a breach by Customer of this Section.
8. All accounts past due are not guaranteed to receive any kind of service.
9. A 25$ fee applies to all orders submitted and cancelled more than 48 hours after the order was submitted. This is to cover the time invested by our Heroes for your order.
Warranty
1. The Customer acknowledges that HeroNet does not warrant uninterrupted or error free Services or the content, availability, accuracy or any other aspect of any information including, without limitation, all data, files and all other information or content in any form or of any type, accessible or made available to or by Customer or its end users through the use of the Services. HeroNet shall be permitted from time to time to interrupt the Services in order to provide maintenance to the Services, as more specifically set out in the Schedules.
2. The warranties provided in this Agreement are in lieu of all other warranties and conditions. The Customer hereby waives all other warranties and conditions, express, implied or statutory, including any warranty of merchantability, fitness of a particular purpose, or availability or reliability of the Services.
Remedies
1. HERONET’S AND THE THIRD PARTY PROVIDERS’ TOTAL CUMULATIVE LIABILITY, IF ANY, TO THE CUSTOMER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROVISION OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL AGGREGATE MONTHLY CHARGES (NET OF ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER DURING THE PERIOD SUCH DAMAGES WERE INCURRED, SUCH PERIOD NOT TO EXCEED THREE (3) MONTHS, FOR THE SPECIFIC SERVICES THAT ALLEGEDLY GIVE RISE TO THE DAMAGES.
2. CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AGAINST HERONET IN RESPECT OF THE SERVICES AND THIS AGREEMENT SHALL BE AS STATED IN THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HERONET OR THE THIRD PARTY PROVIDERS BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES, COSTS, LIABILITY, LOSS, OR DAMAGE WHATSOEVER, INCLUDING, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF HERONET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
CUSTOMER AGREES, ACKNOWLEDGES AND CONFIRMS THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT AND THAT HERONET WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR CUSTOMER’S AGREEMENT TO LIMIT HERONET’S AND ITS THIRD PARTY PROVIDERS’ LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR HEREIN.
1. HERONET AND THE THIRD PARTY PROVIDERS ASSUME NO LIABILITY ARISING FROM (i) THE USE OF THE SERVICES FURNISHED BY HERONET IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY CUSTOMER OR ANY THIRD PARTIES AND (ii) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS.
2. SECTIONS 3 AND 4 OF THIS AGREEMENT SHALL APPLY EVEN IN THE EVENT OF A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT.
Internet Use Policy
The Customer is solely responsible for use of the Services by any individual and any other end user of the Services (collectively, the «End Users»). The Customer agrees to comply, and to ensure that, the End Users comply with the following policies and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as «you»).
Rules. While using the Service, you may not:
1. post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;
2. post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e‐mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e‐mail or news group servers; post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component; or
3. upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing.
2. Your Equipment. It is your responsibility to ensure that your computer system meets the minimum requirements stated by HeroNet as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.
3. You Can Best Control the Risk and Therefore Are Responsible. HeroNet will not assume any responsibility for your acts or omission. Account and password protection will be your responsibility.
4. Monitoring. HeroNet has no obligation to monitor the Service. However, in order to protect itself and its subscribers, HeroNet will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request. HeroNet will not intentionally monitor or disclose any private email message unless required by law. HeroNet reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.
5. Content. You acknowledge that some content, products or services available with or through the Service («Content») may be offensive or may not comply with applicable laws. You understand that neither HeroNet nor any of its affiliates attempt to censor or monitor any Content. You also acknowledge that neither HeroNet nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. You assume total responsibility and risk for access to or use of Content and for your use of the Service. HeroNet and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.
6. Privacy. HeroNet cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. HeroNet therefore recommends that the Service not be used for the transmission of confidential information.
7. E‐mail. Sending unsolicited, e‐mail messages, including, without limitation, commercial advertising, mailing lists and informational announcements is prohibited. Users will not use another site’s mail server to relay mail.
8. Usenet. Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e‐mail mailing lists or other similar groups or lists. Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off‐topic according to the charter or other owned‐published FAQ or description of the group or list.
9. System and Network Security. Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of HeroNet’s or a third party’s network, data or information. Users are unauthorized to monitor HeroNet or third party’s data, systems or network traffic. Users are prohibited to interfere with service to any user, host or network including without limitation, mail bombing, flooding, and deliberate attempts to overload a system and broadcast attacks. Users are prohibited to forge any TCPIP packet header or any part of the header information in an e‐mail or newsgroup posting.
10. * Unlimited downloading is subject to the Canada CRTC rules and government laws.
HeroNet considers the above practices to constitute abuse of its service. Therefore, HeroNet’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to HeroNet’s services. Nothing contained in this policy shall be construed to limit HeroNet’s actions or remedies in any way with respect to any of the foregoing activities. HeroNet reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the HeroNet service, and levying cancellation charges to cover HeroNet’s costs. In addition, HeroNet reserves all rights and remedies available to it at all times.
Violation of Acceptable Internet Use Policy
VoIP.ms 911/e911 Emergency Service: Terms of Service
Definitions
The Company: HeroNet, its contractors, agents, employees, associates, shareholders, partners and anyone working with or for HeroNet and its subsidiaries.
Customer – You, the person or entity, and its contractors, agents, employees, associates, shareholders, partners, or associates using the HeroNet service.
911 – Emergency call service typically used for delivering emergency calls to a public safety access point.
PSAP: Public Safety Answering Point, VoIP: Voice over IP
Terms & Conditions
Due to recent pursuant FCC rulings and regulations, all customers who are using HeroNet services as their primary residential or business telephone carrier must request to activate 911 Emergency Services on at least one of their DIDs.
Enhanced 911, the portion of our 911 service which delivers physical address information to your local PSAP is not guaranteed. It is possible that your physical address information may not be passed to the PSAP dispatcher. On occasions such as this you will be required to give the dispatcher the location of your emergency in order to receive emergency service assistance.
Due to the nature and instability of VoIP networks, we cannot and do not guarantee your emergency call will go through. Loss of power, Internet access and or several other conditions may cause 911 to be inoperable. We have no control over those types of situations therefore are not held liable. HeroNet will do everything within their power to prevent service outages within its network.
In order for e911 address information to be passed to your local PSAP dispatcher, you must set your outbound caller ID value to the specific DID you are purchasing e911 service for. Therefore, by agreeing to these Terms & Conditions you the customer agree to set the outbound Caller ID number to the DID you have enabled e911 services for when making an outbound 911 emergency call.
We have added an extension to our network which all HeroNet users may call to test their Caller ID value. At any time, you may test your outbound caller ID value by dialing ‘1-555-555-0911’ through our network.
By using HeroNet’s Enhanced 911 service, the customer agrees that HeroNet, its contractors, executives, members, customers, agents, employees, carriers, 911 providers, and any anyone else associated with HeroNet is not held liable for emergency calls failing, even if it is determined that it is the fault of HeroNet or its associates. Customer further agrees that they will notify their customers, contractors, agents, employees, associates, shareholders, partners, and anyone who may use the HeroNet 911 service of our limitations and make customers agree to not hold HeroNet or customer liable.
Customer will be charged a recovery setup fee of $1.50 and a regulatory recovery fee of $1.50 per month for each DID they request to have submitted to the e911 database. This fee is not refundable.
We reserve the right to make changes to our site, services, policies and these Terms & Conditions at any time.
By clicking the link labeled ‘I Agree to the Terms and Conditions’ below, you affirmatively agree to the previously stated Terms & Conditions of our 911/e911 service as well as internet services.
These Terms and Conditions apply to all subscribers and customer at HeroNet.ca