|
The terms … “you,
your or user“, as used in this
Agreement, shall mean the user of
SubSpace Communications
Inc. (here in “SubSpace,
SubSpace Communications, SubSpace Communications Inc or
Service Provider”)
SkyLine IP Phone
Services
Voice over Internet Protocol (VoIP)
Residential or Business Communication Service
and any
related services (the “Service”)
1. USE OF
SERVICE
1.1 Service Is To Be
Used For Lawful Use Only.
You agree to use the
service for lawful purposes only. You will not use the
services for any purpose or in a manner that is unlawful,
abusive, intrusive on another’s privacy, harassing, libelous,
defamatory, threatening or hateful, or in other way that would
violate any applicable Governmental Law. You will also not use
the service in a way that interferes with our ability to
provide service to you or other customers or that avoids your
obligation to pay for the services.
1.2 Use of
Service Internationally.
While the service may be
used to make and receive international calls, we do not
represent that the use of the service is legally appropriate
in all international locations. If you choose to use the
service from or to an international location, you shall be
solely responsible for compliance with any and all governing
foreign and local laws. You also acknowledge that if the use
of the service is other than Canada or United States of
America 911 Emergency Calling is not available to you. You are
responsible for obtaining the direct dialed number for
accessing the Fire Department, Police Department and Ambulance
/ Medical services for your physical location. You hereby
indemnify and agree to hold harmless SubSpace Communications
Inc., its agents and service providers against any and all
liability arising out of the inability to access 911 Emergency
Services.
1.3 Residential Use of Service.
If you have subscribed to Residential Service, the service is
provided to you as a residential user, for your personal,
residential, non-business and non-professional use. This means
that you are not using the service for any commercial or
governmental activities, profit-making or non-profit,
including but not limited to business, sales, telecommuting,
telemarketing, autodialing, continuous or extensive call
forwarding, fax broadcast, fax blasting or any other activity
that would be inconsistent with normal residential usage
patterns.
1.3.1 SubSpace Communications Inc. reserves
the right to immediately terminate or change your service to a
more appropriate plan, if SubSpace Communications Inc.
determines, in its sole discretion, that your service is being
used for any of the aforementioned activities.
1.4
Small Business Use of Service.
If you have
subscribed to Small Business Service, the service is provided
to you as a small business user. You agree not to use the
service for autodialing, continuous or extensive call
forwarding, and telemarketing or fax broadcasting.
1.4.1 SubSpace Communications Inc. reserves the right to
immediately terminate or change your service to a more
appropriate plan, if SubSpace Communications Inc. determines,
in its sole discretion, that your service is being used for
any of the aforementioned activities.
1.5
Confidentiality of Equipment Parameters.
You shall not reverse engineer, distribute, publish, display,
modify or in any way exploit the configuration parameters
SubSpace Communications Inc. provides as a means to access the
service.
1.6 Theft and Fraud.
You agree and understand that you are responsible for
cancelling the service if you believe that the interface
equipment (the “Equipment”) has been lost or stolen, or if you
become aware that the service is being misused without your
consent. You must provide the account number and a detailed
description of the circumstances of the equipment theft or
fraudulent use of the service. You will be liable for all
charges accruing to your account for use of the service using
equipment stolen from you and any and all stolen device or
fraudulent use of the service until you cancel the service.
1.7 Tampering with the Device and Service.
You agree not to change the electronic serial number, MAC or
equipment identifier of the equipment. You agree not to
disrupt or hack the service or to make or attempt to make any
use of the service that is inconsistent with its intended
purpose.
1.7.1 SubSpace Communications Inc. reserves
the right to immediately terminate your service should you
tamper with the equipment, leaving you responsible for all
charges to end of the current term, including without
limitation unbilled charges, all of which immediately become
due and payable.
1.8 Use of 911 Dialing.
You acknowledge that you will not have 911 dialing unless you
have signed and deposited the Subscriber 911 Acknowledgement
Form with SubSpace Communications Inc. and that should you not
agree, that you have been advised to make alternate
arrangements for 911 Service.
1.8.1 You agree and
acknowledge that should you move or relocate temporarily, your
service, that you will provide the new or temporary location
information to the service provider SubSpace Communications
Inc. or as instructed by SubSpace Communications Inc. and you
further acknowledge that the new or temporary information does
not become valid for 24hrs. You also agree to uphold the
Limitations of Liability as outlined in 3.1.1 of this
agreement should you or any third party having the need to use
the 911 service during this 24hr time frame.
1.9
Termination of Service.
SubSpace
Communications Inc. reserves the right to terminate the
service at any time with or without notice and for any reason.
You agree that SubSpace Communications Inc. shall not be
liable to you or any third party for any modification,
suspension or discontinuance of the service.
1.10
Copyright/Trademark/Unauthorized Usage of Device,
Firmware or Software.
The Service and Equipment
and any Firmware or Software used to provide the service or
provided to you in conjunction with providing the service, or
embedded in the equipment, and all Services, Information,
Documents and Materials on SubSpace Communications Inc. and
its service provider’s website(s) are protected by trademark,
copyright or other intellectual property laws and
international treaty provisions. All websites, corporate
names, service marks, trademarks, trade names, logos and
domain names (collectively “marks”) of SubSpace Communications
Inc. and/or its service providers are and shall remain the
exclusive property of SubSpace Communications Inc. and/or its
service providers and nothing in this Agreement shall grant
you the right or license to use such marks. You acknowledge
that you are not given any license to use the Firmware or
Software used to provide the service or provided to you in
conjunction with providing the service, or embedded in the
equipment, other than a non-transferable, revocable license to
use such Firmware or Software in object code form (without
making any modification thereto) strictly in accordance with
the Terms and Conditions of this Agreement, and that the
equipment is exclusively for use in connection with the
service. If you decide to use the service through an interface
device not provided by SubSpace Communications Inc., which
SubSpace Communications Inc. reserves the right to prohibit in
particular cases or generally, you warrant and represent that
you process all required rights, including Software and/or
Firmware licenses, to use that interface device with the
service and you will indemnify and hold harmless SubSpace
Communications Inc. against any and all liability arising out
of your use of such interface device with the service. You
agree not to reverse compile, disassemble or reverse engineer
or otherwise attempt to derive the source code from the binary
code of the Firmware or Software.
2.
SERVICE LIMITATIONS
2.1 Not a Traditional Telephone Service.
You acknowledge and understand that the Service is not a
traditional telephone service. The service connects to the
internet and not a traditional telephone line. There are
Important Differences between the service and a telephone
service. The service is subject to different regulatory
treatment than telephone service. This treatment may limit or
otherwise affect your rights of redress before regulatory
agencies.
2.1.1 Notification of All Users
You acknowledge and agree to inform all household residents,
guests and other persons who may have use of and have the need
to dial 911 Emergency Services of the important differences in
and limitations of VoIP 911 dialing service as compared to
traditional 911 service.
2.2 Limitations to 911
Emergency Services.
You acknowledge and understand
that the service does not support traditional 911or E911
access to emergency services. SubSpace Communications Inc. has
contracted, directly or indirectly, with a third party to
provide a VoIP 911 emergency response service. However, there
are certain Important Limitations on the functioning and
capabilities of VoIP 911 call routing features provided by
SubSpace Communications Inc. and its emergency response
partner(s)...
2.2.1 Intermediate Call Centre
Due to the “nomadic” nature of VoIP and the availability of
“geographically independent” telephone numbers, SubSpace
Communications Inc. and/or its service providers route 911
calls to intermediate “APCO¹ trained” Emergency Response
Operators. These emergency response operators are different
from the “PSAP²” operators that would answer a traditional
emergency 911 call. The emergency response operator will ask
the caller to confirm their location and call back number with
the information on record (see 1.8, 1.8.1 and 2.2.3 of this
agreement). The emergency response operator will then transfer
the call to the appropriate PSAP for your geographic location.
-------------------------------------------------------------------------------------
¹ Association of Public Safety
Communications Officials
² Public Safety Answering Point
2.2.2 Name and Address Disclosure
You
hereby authorize SubSpace Communications Inc., its agents and
its service providers to disclose your name and address to
third party service providers, including, without limitation,
call routers, call centres and PSAP, for the purpose of
dispatching emergency service personnel to your registered
location.
2.2.3 Registration of Physical
Location Required
You must register the physical
location of which each phone number provided for the service
will be used (see 1.8, 1.8.1 and 2.2.1 of this agreement). If
you are unable to speak at the time of the 911 call, the
emergency services operator will assume that you are located
at your last registered address for the service. You agree and
acknowledge that should you not advise SubSpace Communications
Inc. of the physical location for the service, you hereby
indemnify and agree to hold harmless SubSpace Communications
Inc., its agents and service providers against any and all
liability arising out of the inability to access 911 Emergency
Services.
2.2.4 Unavailability of 911 Service
for your Geographic Location
911 emergency calling
from within Canada or the United States of America is subject
to availability of 911 service for your geographic location.
If you reside or temporarily relocate to an area where 911
dialing service is not available, you hereby acknowledge that
you are responsible for obtaining the direct dialed number for
accessing the Fire Department, Police Department and Ambulance
/ Medical services for your physical location. You hereby
indemnify and agree to hold harmless SubSpace Communications
Inc., its agents and service providers against any and all
liability arising out of the inability to access 911 Emergency
Services.
2.2.5 Emergency 911 Service Not
Available with Softphone
911 emergency services
are not available with Softphone. (Softphone is a computer
based software application).
2.2.6 Network
Congestion
The service may suffer a greater
possibility of network congestion and/or reduced speed in the
routing of a 911 call as compared to traditional 911 dialing
over traditional public switched telephone networks “PSTN”.
2.2.7 Alternate 911 Arrangements
If
you are not comfortable with the limitations of the 911
service, you should consider having an alternate means of
accessing traditional 911 services.
2.3 Service
Outages.
You acknowledge and understand that the
service, including 911 service will not work;
(a)
during outages, suspensions or termination of subscriber’s
broadband internet service for any reason;
(b) in the event
of a power failure or disruption;
(c) in the event of a
suspension or termination of the service for any reason;
(d) if your internet service provider intentionally or
inadvertently blocks the ports over which the service is
provided or if it otherwise impedes the usage of the service.
2.4 Privacy.
VoIP communications are
transmitted over public networks including the internet. You
acknowledge that SubSpace Communications Inc. is not liable
for any loss of privacy arising out of the use of the service.
2.5 Operator Services Not Available.
SubSpace Communications Inc. does not currently offer or
contract with a third party, operator assisted calling,
including, without limitation, collect calls, third party
billing calls or calling card calls.
(a) The service
does not support 211, 311, 511, 611 or 811 calling services.
2.6 N11 Calling Services Provided.
SubSpace Communications Inc. does provide through a third
party as part of the service;
(a) 411 Directory
Assistance Service
(b) 711 Translation Service for Hard of
Hearing to Speech and vice versa
(c) 911 Emergency Call
Response Service (different from traditional 911 or E911)
2.7 No Directory Listing.
The phone
number you obtain from us is not currently listed in any
telephone directory.
(a) Phone Numbers transferred
(ported) from your Incumbent Local Exchange Carrier (ILEC) may
be listed.
2.8 Incompatibility With Other
Services.
The service may not be compatible with
some home security systems. You may be required to maintain a
telephone connection through your local exchange carrier (LEC)
in order to use any Alarm Monitoring functions for any
security system. You are responsible for contacting the alarm
company to determine the compatibility of any alarm monitoring
or security system with the services.
3.
LIMITATION OF LIABILITY AND
INDEMNIFICATION
The term SubSpace
Communications Inc. as used in this section shall mean
SubSpace Communications Inc. and its affiliates, employees,
directors, officers, servants, agents and any other service
provider that furnishes services, devices or equipment to you
in connection with this agreement or the services or the
equipment.
3.1 Limitation of Liability.
You acknowledge and agree that SubSpace Communications Inc.
WILL NOT BE LIABLE or RESPONSIBLE TO YOU or ANYONE ELSE FOR:
3.1.1 … any injury, death or damage to persons or
property, arising directly or indirectly out of, or relating
to the 911 service and you agree to defend, indemnify and hold
harmless SubSpace Communications Inc. from any and all claims,
losses, damages, fines, penalties, costs and expenses
(including without limitation, legal fees and expenses) by, or
on behalf of, you or any third party relating to the absence,
failure or outage of the service, including 911 service,
incorrectly routed 911 calls, and/or the inability of any user
of the service to be able to use 911 service or access
emergency service personnel.
3.1.2 … any special,
indirect or consequential damages or for lost profits, in any
matter related to this Agreement or the Service, including but
not limited to any interruption, delay or failure to furnish,
deliver or provide services.
3.1.3 … if SubSpace
Communications Inc. is determined to have any liability in any
matter related to this Agreement or the Services, such
liability shall be limited to the price paid by you for the
service with respect to which the liability relates in the
month or months in which the event giving rise to the
liability occurred.
4.
WARRANTIES
The term SubSpace Communications
Inc. as used in this section shall mean SubSpace
Communications Inc. and its affiliates, employees, directors,
officers, servants, agents and any other service provider that
furnishes services, devices or equipment to you in connection
with this agreement or the services or the equipment. The
provisions of this section shall be applied to the fullest
extent of the law, but if any portion or aspect of this
section is determined to be unlawful, this section shall be
construed to limit liability against SubSpace Communications
Inc. to the fullest extent possible under the law.
4.1
No Express or Implied Warranty.
SubSpace
Communications Inc. makes no expressed or implied warranty
regarding the service or equipment or the installation of same
and disclaims any implied warranty including any warranties of
merchantability and or fitness for a particular purpose.
4.1.1 SubSpace Communications Inc. does not warrant that
the service or equipment will function without failure, delay,
interruption, error, degradation of voice quality or loss of
content, data or information.
4.1.2 SubSpace
Communications Inc. does not authorize anyone, including but
not limited to its employees, agents or representative, to
make a warranty of any kind on its behalf and you should not
rely on any such statement.
4.2 New
Equipment.
If you purchased the equipment new from
SubSpace Communications Inc. and the equipment included a
limited warranty at the time of purchase, you must refer to
the separate limited warranty document for information on the
limitation and disclaimer of such warranty. If your equipment
did not include a limited warranty from SubSpace
Communications Inc. at the time of purchase, you agree that
you accept the equipment “As Is” and that you are not entitled
to replacement or refund in the event of any defect.
5.
CONTENT
The term “User” as used in
this section means any person, whether authorized or
unauthorized, using the Service and/or Equipment provided to
you;
5.1 Content Transmitted.
You
are liable for any and all liability that may arise out of the
content transmitted by or to you or users using the service.
You shall assure that your or user’s use of the service and
content will at all times comply with all applicable laws,
regulations and written and electronic instructions for use.
SubSpace Communications Inc. reserves the right to terminate
or suspend affected Services, and/or remove your or user’s
content from the Services, if SubSpace Communications Inc.
determines that such use or content does not conform with the
requirements set forth in this Agreement or interferes with
SubSpace Communications’ ability to provide services to you or
others or receives notice from anyone that your or user’s use
or content may violate any laws or regulations. SubSpace
Communications’ actions or inaction under this section shall
not constitute review or approval of your or user’s use or
content. You will indemnify and hold harmless SubSpace
Communications Inc and it’s partners against any and all
liability arising from the content transmitted by or to you or
to users using the service.
6.
TERMINATION/DISCONTINUANCE of SERVICE
SubSpace Communications reserves the right to suspend or
discontinue providing service generally, or to terminate your
service, at any time in its sole discretion. If SubSpace
Communications discontinues providing the service generally,
or terminates or suspends your service in its discretion
without a stated reason, you will only be responsible for
charges accrued through the date of termination including a
pro-rated portion of the final month’s charges. If your
service is terminated or suspended for any stated reason,
including without limitation violation of any terms of this
agreement, or because of any improper use of the service or
equipment (such as, but not limited to, your attempts to hack,
disrupt or misuse the service or your acts or omissions that
violate any acceptable use policy of SubSpace Communications
is subject), you will be responsible for the full month’s
charges to the end of the current term, including without
limitation unbilled charges, plus a disconnect fee if
applicable, all of which immediately become due and payable.
7. CHANGES TO THIS AGREEMENT
SubSpace Communications may change the terms and conditions of
this agreement from time to time. Changes to this agreement
supersede all previously agreed to electronic and written
terms and conditions. YOU AGREE TO THE CHANGES IF YOU HAVE
BEEN GIVEN NOTICE OF THE CHANGES IN THE PRICES, CHARGES AND/OR
TERMS AND CONDITIONS AND YOU CONTINUE TO BE ENROLLED IN, USE
OR PAY FOR THE SERVICES AFTER ANY CHANGES HAVE BEEN MADE. You
understand and agree that notices will be considered given and
effective on the date it is posted on the SubSpace
Communications website at www. www.subspace.com/skyline
and/or date we notify you of the changes by the following: …
email at the address provided by you, postcard, letter,
recorded announcement, message on your bill, an insert in your
bill, newspaper ad or a call to your billed telephone number,
whichever occurs first.
-------------------------------------------------------------------------------------------------------------------------------------------------------------
I hereby acknowledge that I have read and agree to all
terms and conditions herein:
User Full Name: (print)
________________________________________
User
Signature: ________________________________________ Date:
___________________
Street Address:
___________________________________ City: ___________________
Province: _________________ Postal Code: _________________
Phone #: ___________________
Back to Top
|
