Subscriber Agreement – Updated February 2017
“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.