Internet Service Terms and Conditions
Read this agreement carefully. It imposes obligations on you with respect to purchasing, using, and cancelling Coextro Internet service (the ‘Service’). For the purposes of these Terms & Conditions, “Coextro” or “the Company” refers to the legal entity Coextro. ‘Customer’ includes the person accepting this Service Agreement and any other person using the Service or having access to any equipment or software of either the Customer or Coextro with the implied or express permission of the Customer.
Version 3.1, updated November 28, 2018
1. PURCHASING, PAYING FOR, AND CANCELLING SERVICE
- Cancellation of service within 60 days of the activation date or start of service, voids any promotional or special offers.
- Unless otherwise specified, promotions are for new signups only, and only apply to Internet Service. A customer may participate in one promotion only.
- The Customer will, upon cancellation or termination of the Service, return all Coextro equipment or will reimburse Coextro for the replacement value of said equipment.
- If Service has been terminated for non-payment, a service restoration charge may apply.
- The customer agrees to a pay a $5.00 service charge for any refunds that are requested.
- Past due accounts will be subject to late payment charges. Other fees and charges may also be assessed on delinquent accounts. For example, cheques which are dishonoured or returned for insufficient funds, or a refused bank account/credit card preauthorized debit may be subject to an “NSF Fee”.
- Any questions or discrepancies regarding invoice charges must be reported to Coextro within 90 days of the invoice date. Failure to contact us within this time period will constitute acceptance of all charges.
- Payments are due upon receipt of invoice. Payment must be received within 20 days of the ‘Invoice Date’ to avoid a Late Payment Charge.
- If payment is not received by us within 20 Days of the ‘Invoice Date’, it will be considered a delinquent invoice and will be subject to a late payment charge of $10.
- There is a $75 service fee to move from/to the extro Basic package.
- Accounts sent to collections will incur a $75 account recovery fee.
- Accounts may be suspended at any time for a delinquent invoice payment.
- Accounts suspended for non-payment incur a $100 suspension fee.
- “Equipment” means any device, equipment or hardware used to access the Services, or used in conjunction with the Services, including any router or other hardware purchased or rented from Coextro. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that: you will take reasonable care with such Equipment, you may not sell, lease, mortgage, transfer, assign or encumber such Equipment, you may not re-locate such Equipment without our knowledge and permission; and you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment relates. If such Equipment is lost, stolen or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned within 7 days of the cancellation date regarding your Services, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us seeking possession of such Equipment. You must immediately notify us by contacting our Customer Support if your Equipment is lost, stolen or destroyed.
2. USING COEXTRO INTERNET SERVICE
- Any software or other computer program provided to the Customer remains the property of Coextro and/or its suppliers may not be copied in whole or in part. Coextro may add or remove software, computer programs, documentation, and any other content made available in association with the Service without prior notice or liability to the Customer.
- The Customer will ensure wireless home network is secure and accessible only by household wireless networked devices within the customer’s appartment or condo unit.
- The Customer will abide by the Coextro Internet Acceptable Use Policy in using Internet Service.
- Coextro will not be responsible for any damage caused by any installation of equipment and/or software, whether such equipment and/or software is installed by Coextro, the Customer, an Authorized Dealer, or any other party.
3. LIMITS ON COEXTRO’S LIABILITY
- The Customer assumes total responsibility and risk for use of the Service. Coextro makes no representations or warranties of any nature, whether express or implied, in relation to any matter connected to this Agreement including the Service, the network, the equipment and/or the software. Coextro does not guarantee uninterrupted Service. The company shall not be liable to any customer, user or other person for damages resulting from interrupted Service due to failures or scheduled upgrades on the network, omissions, interruptions, delays, errors or defects in transmission, failures or defects in Coextro’s facilities, or any other cause.
- The Customer will be responsible for all losses or damages to Coextro equipment located on the Customer’s premises. If the Customer deliberately or through a lack of reasonable care, causes loss or damage to our equipment, the Customer may be charged the cost of restoration or replacement of the equipment.
- Coextro’s liability to the Customer for any claim for damages/loss will not exceed the total amount paid by the Customer to Coextro during the total period giving rise to the claim. Coextro is not liable for any direct, indirect, special, punitive or consequential damages from events including loss of use, lost profits, damages to third parties, deletion of files and inability to use the Service.
4. GENERAL TERMS & CONDITIONS
- The Customer will allow Coextro access to the Customer’s premises at all reasonable hours to install, inspect, repair, maintain, replace, disconnect and/or remove the service and/or Coextro’s equipment.
- All Coextro equipment remains the property of Coextro and may not be encumbered, loaned, leased or sold.
- The Customer will not use any equipment, telecommunication facilities or access connections provided by Coextro other than as expressly permitted in this Agreement. The Service may not be used for illegal activity, for unauthorized access to other computer systems or in a manner that negatively impacts the service levels of other users.
- These Terms & Conditions are supplementary to any more general Terms of Service that apply to Coextro’s Services. In case of any conflict, these Terms & Conditions apply rather than any more general Terms of Service.
- Coextro may terminate any or all of your services at any time in its sole discretion without prior notice or liability.
- Coextro may terminate or amend this Agreement at any time in its sole discretion without notice or liability.
Internet Acceptable Use Policy
Coextro is committed to being a responsible Internet Service provider. To assist us in protecting the usefulness and enjoyment of the Internet, please read the following document outlining our policies on Internet acceptable use. Your use of Coextro Internet constitutes your agreement with this Acceptable Use Policy. The terms of this Acceptable Use Policy may change at any time and without prior notice; you are responsible for keeping yourself informed of any changes to this Acceptable Use Policy by periodically consulting this page. The Coextro Internet account owner is responsible for any and all action that originates from his / her Coextro Internet account. If you have any questions about the Coextro Internet Acceptable Use Policy, do not hesitate to contact Coextro via e-mail firstname.lastname@example.org.
1. EXCESSIVE USE OF BANDWIDTH
The Company does not place a cap on a customer’s bandwidth use, or charge customers for the amount of bandwidth used, but reserves the right to take measures to address any customer’s excessive use of bandwidth, which can negatively impact the Company’s Internet or its users. Bandwidth usage is the amount of data sent and received through your Internet connection. Bandwidth use is considered to be excessive when it significantly exceeds the usage characteristic of a typical residential user of the Service. This will be determined by the Company in its sole discretion. If the customer anticipates usage in excess of the typical residential user, the customer should inquire about the availability of dedicated service or other service options. If a customer’s use is deemed to be excessive, the Company will make every effort to contact the customer and review the matter. However, where the Company, in its sole discretion, determines that the usage potentially impacts the Company’s ability to provide its Internet Services or that its network resources need to be protected, it reserves the right to suspend or terminate service in response to a customer’s excessive bandwidth use, without notice to the customer.
The Company reserves the right to monitor bandwidth, usage, transmissions, and content in order to identify violations of this Policy, protect the network and its users, manage the network and otherwise operate the service.
2. PROHIBITED USES OF COEXTRO INTERNET
Criminal & Other Illegal Activity
You are prohibited from using your Coextro Internet account, for any criminal or other illegal activity, such as the following:
-Defamation & libel
-Copyright & intellectual property infringement
Other Disruptive Activity
You are prohibited from using your Coextro Internet account, for any activity which disrupts the security of the network or the service, or otherwise harms other Internet users, including the following:
-Transmitting unsolicited messages or “spam” which causes significant disruption or elicits complaints from other Internet users.
-Harassing users or groups in any way.
-Impersonating another Internet user, or falsifying your identifying information.
-Invading or compromising the privacy of others.
-Bypassing network and computer security measures or copyright protection.
-Posting or transmitting any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component.
-Disrupting of network service.
-Denial-of-service attack (DoS attack) or distributed denial-of-service attack (DDoS attack).
-Running and/or hosting Server Applications including but not limited to HTTP, POP, SMTP, Proxy/SOCKS, NNTP.
-Analyzing or penetrating an Internet host’s security mechanisms.
-Forging any part of the TCP/IP packet headers in any way.
Use Inconsistent with Nature of the Service.
You are prohibited from using your Coextro Internet account, in a manner inconsistent with the nature of the service provided, including:
-Using residential services for business purposes.
-Sharing Internet connection outside of your home (either through a wired connection or through a Secure or unsecured Wireless connection)
-Reselling Coextro Internet without permission.
-Excessive use of bandwidth (see further below).
Newsgroups and Discussion Forums
In addition to these Policies, while posting to newsgroups or any other discussion forum, you are prohibited from conducting activities that include, but are not limited to:
-Posting advertisements, commercial or unsolicited messages of any kind, unless expressly permitted by the charter or FAQ.
-Posting binary or excessively large files of any kind, unless expressly permitted by the charter or FAQ.
-Posting substantially identical messages to more than 5 newsgroups.
-Attaching an excessively long signature to your messages.
-Forging the headers of your postings in any way.
Newsgroup and forum postings must comply with the associated charter or FAQ. If a posted message does not fall within the topic or ideals of the discussion identified by the charter or FAQ, at the discretion of the Company, could represent an infraction of the Coextro Internet Acceptable Use Policy. Users posting messages to newsgroups or forums are responsible for making themselves aware of the rules of conduct, prior to posting.
For the protection of all customers, the Company must take violations of this policy seriously. Wherever possible, we will work with you to understand the nature of any potential violation and remedy the issue. However, it may be necessary to act quickly in order to protect our customers and our network. The Company reserves the right to act without notice when necessary, as determined by the Company in its sole discretion.
The Company may take responsive actions, such as:
-Removal of offending material
-Temporary or permanent filtering
-Suspending or terminating of service
-Other action appropriate to the violation
In the event that numerous complaints are received by our staff in regards to any breaches of this Acceptable Use Policy, at the discretion of the Company, a processing fee per complaint received in addition to an administration fee may be applied to your account. Refunds or credits are not issued in connection with actions taken for violations of this Policy.
Violation of this Acceptable Use Policy may result in criminal and civil liability. The Company will offer full co-operation with law enforcement agencies if their investigation warrants it.
4. CONTACT US
Complaints regarding violations of this Policy by a Coextro Internet customer should be forwarded to email@example.com. Where possible, details should be included that would assist the Company in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).