TERMS AND CONDITIONS OF TOWER TELECOM LTD INTERNET SERVICE

This document constitutes an Agreement between Tower Telecom Ltd. and the Customer (referred to herein as “You” or “the Customer”) who has committed to purchase Residential Internet Services from Tower Telecom Ltd. In consideration of Tower Telecom Ltd. opening an account (the “Account”) for the Customer to purchase and use Tower Telecom Ltd. Residential Internet Services (“Residential Internet Service”) and/or additional, Fee-Based Services used in conjunction with the Residential Internet Service (“Optional Services”) collectively referred to as “the Services”, You, the Customer, agree to abide fully by these Terms and Conditions.

1. General Conditions of Use
1.1. The customer agrees to use the Services only for lawful purposes and not for unauthorized copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted (including, without limitation, software, programs, games and computer code). The Customer shall not use the Services for any purpose that is contrary to applicable laws or which is a nuisance.

1.2. The Customer agrees not to transmit, upload or download, store, post, publish, disseminate, receive, retrieve, or provide access to information, software, files or other material which:
1.2.1. are defamatory, obscene, deemed to be child pornography or hate literature; or
1.2.2. invades the privacy of others. The Customer agrees not to undertake mass-mail broadcasts of electronic mail (email “SPAM”) or Usenet postings with the intent of sending unsolicited advertising to other users of the Internet.

1.3. The Customer will be responsible for the actions and activities of any party who uses the Services using the Customer’s name identification and password as provided by Tower Telecom Ltd, whether or not such person used the identification and password with the Customer’s consent or knowledge.

1.4. Tower Telecom ltd. will not be responsible for temporary interruption of Services (whether due to utility service breakdown, excessive customers, mechanical breakdown or other reasons) and the Customer will not be entitled to any refund for any temporary interruptions so long as Tower Telecom Ltd. is actively seeking to correct the problem.

1.5. Tower Telecom Ltd. will provide the Services using currently available technology and will avoid using any hardware, software or methods known to threaten Customer security. Beyond that, Tower Telecom ltd. makes no warranties of any kind, whether expressed or implied, in relation to the accessibility, accuracy, reliability, safety or quality of the Services. Tower Telecom ltd. does not guarantee the privacy of files or E-mail or the security of any computer used to access the Services. Tower Telecom Ltd. has no responsibility for any damage suffered by any person, organization, group or entity due to loss of data, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of Tower Telecom ltd. or those for whom it is responsible at law.

1.6. Tower Telecom Ltd. exercises no control and has no responsibility whatsoever over the information passing through the Services. Use of any information obtained through the Services is at the Customer’s sole risk and Customer assumes full responsibility for the accuracy, reliability, quality or effect of information obtained through the Services.

1.7. Tower Telecom ltd. may, without notice, change the Terms or the Services description upon which the Services are provided (including, without limitation, changing allowed free traffic, the features included with the service, and the rules for access to the Services) so long as Tower Telecom ltd. continues to provide regular and reasonable access to the Services for the term of this Agreement. The Current Service Agreements and Terms are available on Tower Telecom Ltd. website at https://towertelecom.ca

1.8. All communication and notices between Tower Telecom ltd. and the Customer will be conducted through E-mail unless otherwise agreed to by Tower Telecom Ltd. All such communication and notices will be deemed received by the Customer three days after being sent by E-mail by Tower Telecom Ltd. The customer specifically agrees that Tower Telecom Ltd. has no obligation to send any other notice to the Customer, even in the event of default. All notices from the Customer for modifications, changes, upgrades or termination of services will be effective only if presented to, and received by Tower Telecom Ltd. in writing or via E-mail. Such notices sent to Tower Telecom Ltd. by the Customer must be confirmed by return E-mail by Tower Telecom Ltd., to be effective.

1.9. Tower Telecom Ltd. Customers have access to the Internet on a 24 hours / 7 days / 365 day basis subject to the provisions set out herein. The Customer is prohibited from running server services, whether hardware or software based, that aim to continually provide or make available data originating from the Customer’s computer(s) to other computers on the Internet. The Customer is also prohibited from running peer-to-peer services which access or provide copyright protected information to other users of the Internet.

1.10. A wireless Bridge/Router (the “Service Router” or “Router”) is required for use of the Tower Telecom Ltd. Internet Services. The Service Router installed at the Customer premise is included with the installation fee charged to the Customer during initial installation. Customer may either purchase from Tower Telecom ltd. The Wireless Access Point (the “Wireless Access Point”) installed inside the Customer premise to provide wireless internet access to Customer Peripherals or the Customer may purchase their own Wireless Access Point. If the Customer installs a Wireless Access Point not supplied by Tower Telecom Ltd, Tower Telecom ltd. will be unable to provide any Peripheral Equipment or technical support relating to the Wireless Access Point.

1.11. The Service Router as well as the Purchased Wireless Access Point is covered by standard manufacturers’ warranties. Should a defect occur with the Service Router or Purchased Wireless Access Point during the first month of usage, Tower Telecom ltd. will replace these items free of charge. Should a defect occur with the Service Router or the Purchased Wireless Access Point after the first month of usage, Tower Telecom Ltd. will initiate an RMA (“Request Manufacturers Assistance”) to repair or replace the Service Router or Purchased Wireless Access Point. Any shipping or repair fees incurred for the replace or repair of the said Equipment is the sole responsibility of the Customer. Disassembly of, tampering with, lending out, repairing, failing to operate the Service Router or Purchased Wireless Access Point may nullify both Tower Telecom Ltd. and the manufacturer’s warranty. The Customer assumes complete ownership of the Service Router or Purchased Wireless Access Point upon full payment of fees to Tower Telecom Ltd. and upon the receipt of the Service Router or Purchased Wireless Access Point from Tower Telecom Ltd.

2. Fees and Charges
2.1 Customers agree that the Service is provided subject to the payment of, and that the Customer shall pay, all service fees, applicable usage charges, installation and/or activation fees and other fees and charges as applicable, together with all taxes and charges, (collectively, the “Service Fees”), identified to the Customer. Such Service Fees shall be paid by the Customer upon placing the Customer an Order for the Services and on a monthly as applicable. The most current schedule of fees will be available at Tower Telecom Ltd. web site https://towertelecom.ca. The Service Fees and charges posted on this web site do not include taxes or other applicable charges. A late payment charge at the rate of 2% per month which rate is subject to change by Tower Telecom Ltd. from time to time, will be applied from the billing date, if payment is not been received by Tower Telecom Ltd. within 30 days of the billing date.
2.2 If there is a material increase in the cost of providing the Services (such as, by way of example, an increase in the cost of local loop or any form of fee, charge or tax on Internet use) Tower Telecom Ltd. may increase the charges for the Services immediately and the Customer shall pay the increased fees from and after the effective date of the increase.
2.3 Where the Service Fees are paid monthly, the Customer will be required to pay the Service Fees using a valid Credit Card (Visa or MasterCard only) issued in the name of the Customer or by Pre Authorized Payment (“PAP”). Where the Service Fees are paid in advance, once per month, the Customer may pay for the Service by PAP or by valid Credit Card (Visa or MasterCard only) issued in the name of the Customer, or by cheque. By providing PAP or Credit Card information for payment of the Service Fees to Tower Telecom Ltd, the Customer expressly authorizes Tower Telecom Ltd. to charge the Customer’s Bank Account or Credit Card (and any replacement Credit Card) and to collect any outstanding amounts owing or Fees owed by the Customer to Tower Telecom Ltd. Pre-Authorized Debit (PAD) or Pre-Authorized credit processing occurs on the first business day of the month.

2.4 It is Customer’s responsibility to ensure that the billing information provided to Tower Telecom Ltd, including Customer’s address and Credit Card or other billing information, remains current at all times. Customer agrees to notify Tower Telecom Ltd. of any changes to Customer’s billing information forthwith.

3. Contract Terms and Commencement of Services
3.1 The Service Agreement between Tower Telecom ltd. and the Customer will be bound by the following duration (“Contract Term”).
3.2 The Customer will have entered into a binding contract with Tower Telecom Ltd. when the Customer signs up this Agreement and submits it to Tower Telecom Ltd. by fax, email, in person and this Agreement is received, and confirmed as having been received, by Tower Telecom Ltd. via email or other form.
3.3 The Term of the Service Agreement between Tower telecom Ltd. and the Customer will commence on the date of the activation of the Service by Tower Telecom Ltd.
3.4 Upon the signup of this Agreement, the Customer may not terminate the contract until the completion of the Term of the contract, which is thirty days or twelve months, depending on Customer’s subscription plan specified in the Signup Form.
3.5 The Agreement may be cancelled at the end of the Term with thirty days’ written notice (in the case of a thirty day contract term) to Tower Telecom ltd. by the Customer, of his/her intention to terminate the contract at the end of the Term. Unless the Agreement is specifically cancelled at the end of the term, it will automatically renew for successive periods equal to the initial Term. Should this Agreement be automatically renewed, the applicable Fee will apply to the renewal Term.
3.6 Customer on monthly payment plans will be entitled to no refund for any pro-rated amounts for partial months, should they decide to terminate the Agreement before the end of a month.
3.7 All installation fees or addition set-up fees are non-refundable.
3.8 Tower Telecom Ltd., in its sole discretion may reject any Order for Service within ten (10) business days from the submission of Customers Order for the Service.
4. Termination and Account Suspension by Tower Telecom Ltd.
4.1 Tower Telecom Ltd. will be entitled to terminate the Agreement and/or suspend the Services with no refunds to the Customer whatsoever, if:
4.1.1 Customer’s Credit Card or PAP account is invalid or
4.1.2 Processing of the Service Fee via a Credit Card offered by the Customer is not authorized by
the processing Financial Institution or
4.1.3 Customer’s bank account is closed or does not have sufficient funds to cover Service Fees or
4.1.4 Customer has revoked Tower Telecom ltd. authorization to make Credit Card withdrawals or
Tower Telecom Ltd. cannot reach the Customer to obtain, confirm, revalidate or update
information required to process the Customer’s Credit Card or cheque.
4.2 Upon termination or suspension of the Services, Customer will become liable for all applicable termination and other Fees.
4.3 Any Account that is more than fifteen (15) days late in any payment will be in default and is liable to be suspended or terminated pursuant to the terms of this section.
4.4 Payments made by cheque which are returned for Non-Sufficient Funds (NSF) or any other reason will be in immediate default and subject to an additional fees.
4.5 Tower Telecom Ltd. may, in its sole discretion, cancel, or restrict the Services or suspend the Customer’s Account (without any corresponding reduction in the Customer’s monthly Service Fees) or may terminate this Service Agreement, at any time without notice, if:
4.5.1 The operations or efficiency of the Service is impaired by the Customer or anyone using
Customer’s Account;
4.5.2 Any amount is past due by Customer to Tower Telecom Ltd.;
4.5.3 There has been or is a breach of any term or condition of this Service Agreement or of
any document or policy forming part thereof (including without limitation the
Acceptable Use Policy), by Customer or any other customer;
Upon such termination Tower Telecom Ltd. will have no obligation to make any refund or other payment (including, without limitation, refund of set up fees, prepaid fees or other credits for future Services) to the Customer. Despite any such termination, Tower Telecom Ltd. may pursue any other recourse against the Customer, including barring the Customer from service.

4.6 If Tower Telecom ltd. terminates the Service as a result of Customers breach of this Agreement, Customer may be charged an applicable Fee (as set out herein). In the event of an Account suspension for any of the above reasons, a service charge in the amount of $50.00 (over and above other applicable charges) will be applied to Customer’s Account. If Customer’s Account is suspended and the outstanding problem has not been resolved within eight (8) days from the date of suspension, the Service may be discontinued, in which case the then applicable installation and/or activation fee will apply if Customer wishes to resume Customers subscription to the Service.
4.7 Tower Telecom Ltd. shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of Customers Account, Service or this Service Agreement. Termination of this Service Agreement or suspension of Customers Account and Service shall not relieve Customer from any Service Fees, Termination Charge, or other fees and charges, owing or other liability accruing hereunder prior to the time that such termination or suspension becomes effective.

4. Limited Warranty
4.1 To the extent permitted by applicable law, the Service, Service Router, Purchased Wireless Access Point, Peripheral Equipment and any hardware, software or other deliverables provided by Tower Telecom Ltd., its Agents and/or suppliers hereunder are provided “as is” and “as available” without warranties or conditions of any kind. Customers are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Tower Telecom Ltd. (the “Third Party Equipment and Services”). Tower Telecom Ltd. disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither Tower Telecom Ltd. nor any of its affiliates, agents and/or suppliers warrants the performance, availability, uninterrupted or error free use of or operation of the Service or any deliverable provided under this Service Agreement. The entire risk as to the availability and performance of the Service or any deliverable provided under this Service Agreement is with Customer. Further, neither Tower Telecom Ltd. nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to Customer will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to Customers Account, the Service, any of Customers computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Service.

4.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, Tower Telecom Ltd. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

5. Limitation of Liability
5.1 In the event of any breach by Tower Telecom Ltd., its affiliates, suppliers, employees or agents, including any breach of a fundamental term or any negligence, Customers exclusive remedy shall be to receive from Tower Telecom Ltd., payment for actual and direct damages to a maximum amount equivalent to and not exceeding one month’s Fee actually paid, as per the contract terms. Other than the foregoing remedy, under no circumstances shall Tower Telecom Ltd., its affiliates or its agents be liable to Customer or any third party for:
5.1.1 Any direct, indirect, special, exemplary, punitive or consequential damages, including,
without limitation, loss of profits and loss of business opportunities that result in any way
from this Service Agreement, including the use of the Service or access to the Internet, or
any part thereof, by Customer or any other person through Customers Account, or
customers reliance on or use of information, services or merchandise provided on or
through the Service, or that result from mistakes, omissions, interruptions, deletion or
corruption of files, errors, defects, delays in preparations, or transmission, or failure of
performance, or
5.1.2 Any losses or expenses (including legal fees) arising out of, or in connection with any
allegation, claim, suit or other proceeding based upon a contention that the use of the
Service by Customer or a third party through Customers Account infringes the
intellectual property rights or contractual rights of any third party
5.1.3 Without limiting the generality of the foregoing, Tower Telecom Ltd, its affiliates,
suppliers or agents are not liable for:
5.1.3.1 Any act or omission of a telecommunications carrier whose facilities are used in
establishing connections to points which Tower Telecom Ltd. does not directly
serve;
5.1.3.2 Defamation or copyright infringement arising from material transmitted or
received over Tower Telecom Ltd. or its affiliates’ facilities; or
5.1.3.3 Infringement of patents arising from combining or using customer-provided
facilities with Tower Telecom Ltd. or its affiliates’ facilities.

6.0 Miscellaneous
6.1 The Agreement expresses the entire understanding between the Customer and Tower Telecom Ltd. and replaces any and all former Agreements, understanding, offers and representations relating to Tower Telecom Ltd. performance in connection with this Agreement and contains all of the terms, conditions, understandings, representations and promises between the Customer and Tower Telecom Ltd.
This Agreement shall be governed by the laws of the Province of Newfoundland and Labrador and the Customer and Tower Telecom Ltd. irrevocably agree to the exclusive jurisdiction of the courts of Newfoundland and Labrador. In addition to representations, warranties and agreements You, the Customer, make under these Terms of Conditions, you confirm the information you have provided to Tower Telecom Ltd. is true to the best of your knowledge and that you are 18 years of age or older.