Subscriber Agreement – Updated February 2023
“Open Concept Internet, Inc.” (OCII) is an Internet services provider. “Subscriber” means any person who establishes an authorized account (“Account”) for use of OCII dial-up, ADSL, Cable, VoIP or web hosting services.
This Agreement contains the terms and conditions which govern the use of OCII by Subscriber. By using OCII, Subscriber is deemed to have agreed to comply with all of the terms and conditions of this Agreement.
The right to use OCII is personal to Subscriber and is not transferable. Subscriber is responsible for all use of Subscriber’s Account under any screen name or password by any person and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement.
OCII shall have the right at any time to modify or discontinue any aspect or feature of OCII services, including but not limited to content, hours of availability, and equipment needed for access or use.
Subscriber authorizes OCII to proceed in ordering High-Speed Internet services at the address and specified telephone number given on the signup form. Subscriber agrees that this contract is valid only at the installed address, for a term not less than 1-month service or package term under the plan selected and may not be transferred. Following the initial contract term, this contract will automatically resume on a month-by-month basis.
Effective January 1, 2017, a $100 deposit is required prior to services being ordered by OCII for the subscriber. The deposit will be applied to the first month or subsequent invoices.
Packages may be upgraded at any time during the contract but would require the difference in installation cost to be paid. Subscriber agrees to purchase or rent the appropriate modem and related equipment and OCII must approve that modem and related equipment for use on its system. OCII reserves the right to configure any related equipment for use on their network. Subscriber agrees to have a telephone jack or cable outlet for the service near the computer or workgroup hub, and that any extra wiring that will be required is not the responsibility of OCII.
Subscriber agrees to provide post-dated cheques or to allow OCII to process charges to a credit card, once per month in advance of that month’s access charge, plus any additional costs incurred in previous months, in excess of the fixed package flat rate, such as excess traffic charges. Subscriber agrees to pay the minimum access fee regardless of usage during any given month. Subscriber may cancel this agreement at any time after the initial contract without incurring any penalty by notifying OCII in writing or by electronic mail, within 10 days of the desired expiry date.
Subscriber agrees to conform to limits on bandwidth usage. OCII may change these limits from time to time as necessary. Bandwidth limits for ADSL services are as follows:
Residential 6: 300 GB
Residential 15: 300 GB
Residential 25: 300 GB
Residential 50: 300 GB
Residential 100: 600 GB
Business Server 6: 300 GB
Business Server 15: 300 GB
Business Server 25: 300 GB
Bandwidth includes both incoming and outgoing usage.
OCII shall have the right to bill Subscriber $1 per GB over these limits
Bandwidth limits for Cable services are as follows:
All residential and business cable services have unlimited bandwidth.
OCII shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of OCII services, or to impose new conditions with respect to such use. Such changes, modifications or additions shall be effective immediately upon notice thereof, which may be given by any means including but not limited to posting by electronic or conventional mail, or by any means by which Subscriber obtains actual knowledge thereof. Any use of OCII services by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all equipment needed for access to and use of OCII including but not limited to all telephone connections and computer hardware.
Subscriber shall use OCII for lawful purposes only. Subscriber shall not post or transmit through OCII any material which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without OCII’s express prior written approval, contains advertising or any solicitation with respect to any products or services.
OCII web pages contain copyrighted material, trademarks, and other proprietary information, and the entire contents of OCII.com are copyrighted. Subscriber may download material for Subscriber’s personal use and may not copy, redistribute, publish or otherwise exploit such material without the express permission of OCII and the copyright owner. In the event of any such permitted uses, no changes in or deletion of author attribution or copyright notice shall be made.
Subscriber shall not upload, post or otherwise make available on OCII any material protected by copyright, trademark or other proprietary rights without the express written permission of the owner of such material and rights. Subscriber hereby grants OCII the right to edit, alter, copy, publish and distribute any material posted to OCII by Subscriber.
Subscriber expressly agrees that use of OCII is at Subscriber’s sole risk. Neither OCII, its affiliates nor any of their respective employees, agents, third-party content providers or licensors warrant that OCII will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of OCII or as to the accuracy, reliability or content of any information, service, or merchandise provided through OCII.
OCII is provided on an “AS IS” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
In no event will OCII, or any person or entity involved in creating, producing or distributing OCII services be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use OCII services or out of the breach of any warranty. Subscriber hereby acknowledges that the provisions of this section shall apply to all content or services provided by OCII
OCII shall have the right, but not the obligation, to monitor the content of OCII, including chat rooms and forums. OCII shall have the right in its sole discretion to edit, alter, refuse to post or remove any material submitted to or posted on OCII servers. Without limiting the foregoing, OCII shall have the right to remove any material that OCII, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless OCII, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of OCII by Subscriber or Subscriber’s Account.
OCII may terminate this Agreement at any time. Without limiting the foregoing, OCII shall have the right to immediately terminate Subscriber’s Account in the event of any conduct by Subscriber which OCII, in its sole discretion, considers being unacceptable, or in the event of any breach by Subscriber of this Agreement. Unacceptable Conduct includes, but is not limited to, the sending of SPAM, viruses, late or non-payment of OCII invoices. In the event that Subscriber’s account is terminated due to Subscriber’s breach of this agreement, no refunds will be offered. Accounts terminated by Subscriber prior to the renewal date may not qualify for refunds and may be subject to an early cancellation fee.
Dishonored (NSF) cheques will be subject to a charge of $20.00 and may result in termination of services until such time as the account is brought into good standing.
This Agreement and any operating rules for OCII established by OCII constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous agreements between the parties with respect to the subject matter hereof. This Agreement shall be construed in accordance with the laws of the Province of Alberta, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
VoIP 911 SERVICE
(a) Service Description
The Service enables the customer to make and receive telephone calls using a broadband Internet connection and a touch-tone phone. Using Internet technology, the Service enables the customer to have real-time conversations over the public Internet. Calls originating from traditional telephone lines will also function with the Service.
(b) Normal residential, non-commercial use of Service and equipment
If the customer has signed up for the Service, the Service and any equipment are provided or sold to the customer for personal, residential, business and professional use. To further clarify, the customer agrees that they may use the Service for any commercial activities, profit-making or non-profit, including but not limited to home office, sales, telemarketing, autodialing, extensive call forwarding, fax broadcast, long holding time applications or any other activity that would be consistent with residential or business usage. It is prohibited to transfer or resell the Service or the equipment to any other person, for any purpose. It is the customer’s responsibility to inform us if the device has been stolen or there is any fraudulent use of the Service. Until such notification is received, the customer is liable for all use of the Service.
(c) Use of Service outside Canada
If the customer is to access or use the Service or the equipment outside Canada, they will do so at their own sole risk, including the risk that such activity violates local laws or regulations in the country where the customer is doing so, and the customer remains liable for all such use. It is the customer’s responsibility to ensure that such access or use is legally permitted and to also ensure that the movement of equipment into another country does not violate any export control law. The customer agrees to hold Open Concept Internet, Inc. harmless against any liability for such violation.
2 – EMERGENCY SERVICES 9-1-1 DIALING
The 911 service provided by Open Concept Internet, Inc. differs in a number of important ways from traditional 911 or E911 dialing available with most traditional telephone services – and has specific limitations relative to Enhanced 911 (E911).
(a) E911 vs. Basic 911 Service
When placing a call to emergency services with E911 or Enhanced 911, the customer’s telephone number and location are automatically transmitted to the operator during the call. These two features (telephone number and location) are what make E911 “enhanced”. With basic 911 (B911), the customer telephone number and location are not automatically transmitted to the operator trained to route the customer call to local emergency service (medical, fire, and law enforcement agencies). The attendant at the answering location verbally obtains the pertinent information that identifies the caller’s need and physical location. The attendant then determines the appropriate agency and transfers the caller to that agency. Open Concept Internet, Inc.provides a basic 911 type service.
(b) Routing of 911 calls
When the customer dials 911, the customer’s call is routed from the Open Concept Internet, Inc.network to our emergency services operator. The customer will need to confirm with the operator that they are still located at the address the customer has registered with Open Concept Internet, Inc.. If the customer is at this address, our operator will transfer the customer’s call to the appropriate emergency agency. If the customer has moved their service equipment to another location and are calling from there, the customer will need to provide our operator with a current address / location. They will determine the appropriate emergency agency and transfer the customer’s call accordingly.
(c) Other users
The customer agrees to inform any household residents, guests and other third persons (all users and potential users of the service) who may be present at the physical location where the customer uses the service – of the nature and limitations of the provided 911 service.
(d) 911 dialing and Open Concept Internet, Inc.service do not function during an electrical power or broadband provider outage
A power failure or disruption may require the customer to reset or reconfigure equipment prior to using the service. Power disruptions or failures or ISP (Internet service provider) outages will also prevent dialing to emergency service numbers including 911. In the event of power failure or broadband outage, the customer will need to access a traditional phone or cellular phone to make an emergency call. The customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or related equipment, including without limitation, improper modification or any tampering with their computer or related software or hardware, the Service will not function; the customer will continue to be billed for the Service until the customer or Open Concept Internet, Inc.terminate the Service in accordance with this Agreement.
WARNING: Power disruptions or failures, Internet Service Provider (ISP) outages or unavailability and tampering with equipment might prevent dialing to emergency service numbers including 9-1-1
(e) Possibility of network congestion and/or reduced speed for routing
Due to the service’s reliance on broadband Internet service, there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made using Open Concept Internet, Inc.equipment as compared to 911 dialing over traditional public telephone networks. Therefore, 911 calls may take longer to reach emergency service providers than in the case of traditional 911 calls. The customer acknowledges and understands that Open Concept Internet, Inc.cannot be held liable for service outages beyond its reasonable control.
Unlike traditional phone lines, this service is portable to any location with broadband Internet access, anywhere in the world. For example, the customer can have an Alberta telephone number and receive calls when physically located in Edmonton. When a customer travels and makes a 911 call, the service will automatically route their call to our emergency services operator who will verify the customer’s current location (Canada or U.S.) in order to forward their call to the appropriate emergency services provider. If the customer is located outside Canada and the U.S., the customer should find a traditional public telephone network connected phone and dial the local emergency services number, which may or may not be 911.
(g) Limitation of Liability and Indemnification
Neither Open Concept Internet, Inc.nor its officers, directors or employees may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss. The customer hereby waives any and all such claims or causes of action, arising from or relating to any service outage and/or inability to dial 911 from a customer line or to access emergency service personnel unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Open Concept Internet, Inc.. Subject to the provisions of this agreement, Open Concept Internet, Inc.does not provide any other warranties of any kind either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.
The customer agrees to defend, indemnify, and hold harmless Open Concept Internet, Inc., its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who furnishes service to the customer or to Open Concept Internet, Inc.in connection with this agreement or service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the customer, any third party or user of the customer’s service relating to the absence, failure or outage of the service, including 911 dialing and/or inability of the customer or any third person or party or user of their service to be able to dial 911 or to access emergency service personnel, and any misroutes of 911 calls, including but not limited to their provision to Open Concept Internet, Inc.of incorrect information in connection therewith.
VoIP 9-1-1 User Tips
- The 911 service will not work during an electrical power outage nor will it work if your high-speed Internet service is not functioning
- You will need to confirm your name, location and call back number with our emergency services operator. If you hang up or get disconnected you will need to call back to re-establish your connection with the emergency services.
- If you dial 911 when you are outside of Canada or the United States, our emergency services operator will advise you to hang up and find a local phone line and dial the appropriate emergency services (it may not be 911).
- If you have moved your Open Concept Internet, Inc. Internet Phone Service equipment, you will need to provide our operator with your current location when making a 911 call.
- You will need to keep your location information current with Open Concept Internet, Inc. since our emergency services operator will automatically use your registered address to dispatch emergency services in cases where you cannot speak during a 911 call.
- There may be an additional delay to transfer your emergency service call to areas not served by traditional 911.