Tamaani Internet Terms and Conditions
1. Introduction. Tamaani Internet (thereafter the “Provider”) is a section of the Kativik Regional Government (“KRG”) that offers Internet broadband service via a wireless network connected to the Internet by satellite technology (the “Service”) to residents of all Nunavik communities who choose to purchase the Service for a monthly fee (the “Subscribers”). This Service allows its users to connect to the Internet over a network that is shared with other Subscribers.
2. Acceptance. By using the Services, the Subscriber accepts entirely the Terms and Conditions described below. These Terms and Conditions may be modified from time to time without prior acceptance by the Subscriber. It is the responsibility of the Subscriber to check for these modifications periodically on the Tamaani Internet web site located on the World Wide Web at http://www.tamaani.ca. ANY SUBSCRIBER WHO DOES NOT AGREE TO THESE TERMS AND CONDITIONS MUST CONTACT TAMAANI INTERNET TO REQUEST A CANCELLATION OF SERVICE.
3. Service Plan. The Customer shall enroll in a service plan as described on the Tamaani Internet Web site located on the World Wide Web at http://www.tamaani.ca. This plan is also available from Tamaani Internet’s local agents or by mail upon request. The details of the service plan including the monthly recurring charges, usage limitations, email accounts and over-usage fees are published by the Provider and may be modified from time to time without notice to the Subscriber.
4. Acceptable Use. While using the Service, the Subscriber:
A. agrees to use the Service only for lawful purposes. Illegal activities include, but are not limited to, i) transmitting or receiving illegal material such child pornography and obscene material, ii) transmitting or receiving copyrighted material without the express permission of the owner iii) issuing threats or engaging in harassment, or iv) electronic theft or fraud;
B. will not engage in any activity that circumvents the security or authentication mechanism of any Internet host (an activity commonly known as “hacking”), nor engage in any activity that can harm, disrupt or overload another Subscriber’s service, the Provider’s network , or any other Internet host. Any activity which overloads the network will be considered abusive and may result in suspension or termination of the Service;
C. agrees not to send unsolicited email or post bulk messages to any Usenet group, Internet user forum or Internet Relay Chat channel, whether operated by the Provider or otherwise;
D. and, agrees not to alter or forge in anyway any network control information such as SMTP headers, TCP/IP packet headers or any other data used to control or manage the network.
5. Exclusive Use. The Provider makes the Service available for use in a single household, business or organization. The Subscriber agrees not to re-sell, lend, share, give or otherwise allow any use of the Service by any party outside of their dwelling or establishment through any means including but not limited to i) physically connecting two networks located in two different dwellings or establishments, or ii) redistributing the Service by means of wireless technology.
6. Payment. Payment for the Service shall be executed each month in advance by the Customer. If payment cannot be made, the Provider reserves the right to suspend the Service until such time as the Customer has paid the outstanding charges. Such interruption will not relieve the Customer of any obligation to pay outstanding charges.
7. Network Availability. The Provider will make a commercially reasonable effort to keep the network operational at all times, but makes no guarantee as to the availability of the Service. The Provider reserves the right to perform maintenance on the network that may disrupt or interrupt the Service provided that this maintenance is performed outside of regular business hours (9am to 5pm Monday to Friday excluding statutory holidays). In the event of a network emergency, such maintenance may be performed at any time without any prior warning to the Customer. The Provider is solely responsible for determining what type of event constitutes a network emergency. In the event that the Service is unavailable for a continuous period of 48 hours, the Provider will credit the Customer for the pro-rated charge of the period of unavailability of the Service. In the event of a dispute between the Customer and the Provider with regards to the period of Service unavailability, The Provider retains the right to be the sole determinant of the duration of Service unavailability.
8. Network Security. The Subscriber agrees that they are responsible for providing security for their network and hosts. This includes but is not limited to the use of anti-virus software and network firewalls. The Providers takes no responsibility for any software virus, intrusion or any other breach of computer security that the Subscriber may suffer while using the Service.
9. The Provider shall conduct an inspection of the equipment supplied (described in Appendix A) in order to determine its operational status. The Provider shall supply the client with the equipment upon execution of the present agreement. Prior to the activation of the clients account the latter shall sign an undertaking whereby they pledge to return the equipment in question to the Provider in the same operational condition it was received. The Provider shall remain the sole proprietor of the aforementioned equipment throughout the life of the client’s contract. The equipment referenced above may not be opened or serviced by anyone other than the Provider or his authorized agents. The client shall assume the responsibility associated with the safeguarding of the equipment, which includes but is not limited to, taking basic security precautions, keeping the equipment out of the hands of children, not granting access to the equipment within their home to anyone other than the Provider and his authorized agents. Should the client suspect or notice performance issues or visible indicators that illustrate that the equipment they received has been damaged, it is incumbent upon the client to report any such incident to the Provider. Should it be determined that the client caused or otherwise contributed to the damage, destruction or inoperability of the equipment they have received under the present agreement, they may be required to pay a fee that can range up to and including the cost of replacing the damaged equipment (see Appendix A). The Provider may, at its sole discretion replace, change or modify this equipment provided that such changes do not substantially alter the scope of Services. The Client will provide access to this equipment during business hours or at a mutually agreeable time upon having received 48 hours’ notice from the Provider. Corporate clients requiring immediate assistance may request that a Tamaani technician resolve their issue within an agreed upon period. However, it should be noted that those clients wishing to avail themselves of this option will be required to reimburse all fees related to the technician’s travel, lodging, per diems and overtime within 30 days of the receipt of the service providers’ invoice.
10. Responsibility of Minors. The Subscriber acknowledges that there may be inappropriate material for minors on the Internet and assumes full responsibility for i) use of any inappropriate material obtained by a minor, ii) any misconduct or illegal act perpetrated by a minor while using the Service iii) the general online misconduct of a minor.
11. Limitation of Liability. The Subscriber agrees that Tamaani Internet, Kativik Regional Government or any of the Provider’s affiliates are in no event liable for any damages whatsoever, whether direct or indirect, pertaining to i) the use or inability to use the Services, ii) any unauthorized access to the Subscriber’s host or data or, iii) any matter relating to the Services even if such matter is determined to be a failure of essential purpose.
12. Disclaimer of Warranty. THE SUBSCRIBER AGREES THAT THE SERVICE IS PROVIDED AS IS ON A BEST EFFORT BASIS AND THE PROVIDER i) MAKES NO WARRANTIES OF ANY KIND AS TO THE MERCHANTABILITY OR FITNESS OF PURPOSE OF THE SERVICE, OR THAT THE SERVICE WILL MEET ANY SPECIFIC REQUIREMENTS AND, ii) DOES NOT WARRANT THAT THE SERVICE WILL BE PROVIDED IN AN ERROR FREE, UNINTERRUPTED OR SECURED MANNER.
13. Termination. The Provider may at its sole discretion choose to terminate the Service for any reason including but not limited to any violation of these Terms and Conditions. In the event that the Subscriber is dissatisfied with the Service or any provisions of this agreement, their sole remedy is the discontinuation of the Service.
14. Indemnity. In the event of any claims arising a) from the Subscriber’s use or misuse of the Service, or b) from any infringement of the Subscriber on a third party’s right or intellectual property; the Subscriber agrees to hold harmless and indemnify the Provider, including any parent organization, affiliates, directors, managers, employees, agents, vendors or contractors for any damages, costs or expenses including legal fees and judicial fees associated with such claims.
15. Severability. These Terms and Conditions constitute the whole of the agreement between the Provider and the Subscriber. In the event that any provision contained in this agreement is ruled to be invalid in a court of law or by any other applicable jurisdiction, the remaining provisions will remain in effect.
16. Assignment. The Subscriber may not assign in whole or in part any rights or obligations under this agreement without prior written authorization from the Provider.
17. Jurisdiction. This agreement is governed by the applicable laws of the Province of Quebec.
18. Language. The parties above agree that this agreement be drafted in English. Les parties ont convenu de rédiger cette entente en langue anglaise seulement.
As outlined in section 9 of the present document, the service provider supplies the customer with equipment required in order to gain access to the former’s network services. The following Appendix details the costs associated with the replacement of the equipment to be borne by the customer in the event that they are deemed responsible for damaging or otherwise rendering the equipment inoperable.
|Wall Bracket (with RJ45 cable run)||$75|
|Connector to ONT (including power cable)||$25|