Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

CanWAN.com Communications Inc. ("CanWAN.com") provides You, as defined below, with CanWAN.com Ultra High-Speed access to the Internet, CanWAN.com online Web Site including the CanWAN.com online Home Page and other CanWAN.com online content and/or tools (collectively, the "Service") subject to your compliance with these Terms and Conditions. CanWAN.com may modify these Terms and Conditions at any time, including modifications of its prices for the Service, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions.

Throughout these Terms and Conditions, "You" means You and every person You authorize to use the Service. You agree to review the Terms and Conditions periodically to be aware of any modifications and are deemed to have accepted these Terms and Conditions and any amendments to them by your continued access or use of the Service.

1. Rules of Conduct

While using the Service, You must at all times comply with our Acceptable Use Policy and all applicable laws. In addition, You may not:

  1. impersonate another person when posting or transmitting messages;
  2. choose a user name for your email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder or rightholder;
  3. choose a user name for your email address which is libelous, defamatory, obscene, threatening, abusive or hateful;
  4. post, transmit or otherwise distribute information, photos or images constituting, or encouraging conduct that would constitute a criminal offence or give rise to civil liability (including without limitation information, photos or images which are libelous, defamatory, obscene, threatening, abusive or hateful) or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from enjoying the Service or the Internet;
  5. post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component;
  6. post or transmit any advertising, promotional materials or any other solicitation of other users of the Internet for goods and services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
  7. post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
  8. post or list articles which are off-topic according to the description of the newsgroup;
  9. list or send unsolicited mass e-mailings, otherwise known as SPAM;
  10. upload, post, publish, transmit, reproduce, or distribute in any way, information, photos, images, software or other material obtained through the Service which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright holder or rightholder.
2. Warning about Sexually Explicit Materials

YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY OTHERWISE BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK.

CanWAN.com HAS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS OR FOR ANY ACCESS TO SUCH MATERIALS WHICH MAY BE MADE USING THE SERVICE.

CanWAN.com ENCOURAGES YOU TO TAKE AN INTEREST IN YOUR CHILD’S ACTIVITIES ON THE INTERNET AND TO LIMIT HIS OR HER ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.

3. Your Responsibilities

You are responsible for paying all charges, including long distance charges, if any, applicable taxes and service fees, for the Service, for maintaining a secure password and for access to your computer system.

CanWAN.com shall recognize You as the sole person authorized to accept, utilize, manage, modify or terminate the Service; provided, however, that if a person other than you is the subscriber for the local/Home Phone service to the telephone number through which the Service is provided, in the event of any dispute as to authority to deal with the Service, CanWAN.com will accept the local/Home Phone service subscriber’s authority to accept, utilize, manage, modify or terminate the Service.

Where such a dispute has occurred, You shall continue to be fully responsible for all charges and obligations in respect of the Service incurred up to the time (i) the Service is terminated, or (ii) the Service is assigned to and assumed by the local/Home Phone service subscriber with CanWAN.com’s prior written consent (whereupon such local/Home Phone subscriber will become the subscriber of the Service). You may not resell the Service to third parties.

4. Billing and Payment

In the event that CanWAN.com fails to bill you or under bills you for a charge, You will not be responsible for paying any charge for the Service that is first invoiced more than 365 days after the date on which the charge was incurred.

Unless otherwise stated, invoiced amounts are due on the due date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the date of the invoice at the rate of 2.0% per month (24% per annum), or such other rate as CanWAN.com may set from time to time. Payments which are mailed to CanWAN.com will be credited within 48 hours of actual receipt by CanWAN.com.

You should allow at least 10 days for mailed payments to be received by CanWAN.com. Do not send cash in the mail as CanWAN.com shall have no responsibility whatsoever for amounts which are mailed by You, but are not received by CanWAN.com.

If your payment (this includes, but is not limited to cheques, credit card and pre-authorized debit) is returned for insufficient funds, or is otherwise not processed for payment, you will be charged $25.00 on each occasion when a payment is returned or not processed.

Subject to applicable CanWAN.com promotions, charges for the Service will commence as of the date of the completion of your registration as a user of the Service. Any incomplete months of Service use will be prorated for billing purposes.

5. Equipment

You understand and acknowledge that it is your responsibility to ensure that your computer system meets the current minimum requirements stated by CanWAN.com at www.canwan.com as being necessary to use the Service.

Accordingly, should your computer equipment no longer be adequate to access the Service, You will have to upgrade and/or replace your equipment at your own cost and expense.

You expressly agree and acknowledge that should You decide not to upgrade and/or replace your computer equipment, you may not be able to access or use the Service. Your sole remedy will be to terminate the Service.

6. Use of Service and Access to Service

You expressly acknowledge and agree that the use of the Service is at your sole risk, and in particular, but without limiting the generality of the foregoing, neither CanWAN.com (including any of its information providers, licensors, employees or agents) warrant that the Service will be uninterrupted or error-free; nor does CanWAN.com make any warranty or representation as to the results to be obtained from the use of the Service.

The Service and any deliverables provided by CanWAN.com or those for whom it is responsible in law are provided "as is" and "as available" without warranties or conditions of any kind. In addition, You expressly agree and acknowledge that neither CanWAN.com nor any of its affiliates warrant that any data or files sent by or to You will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be damaged, lost or intercepted or that other users will not gain access to any of your computer equipment, or that any CanWAN.com content, or other materials accessible on the Service is free of viruses or other harmful elements or components.

CanWAN.com will not back up or restore any data or files in respect of the Service. Local/Home Phone access to the Service is available in selected areas in Canada, as determined by CanWAN.com. If You dial up to the Service outside of those selected areas, You will be responsible for all applicable long distance charges.

THERE IS NO EXPRESS OR IMPLIED WARRANTY OR CONDITION, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WITH RESPECT TO ANY OF THE SERVICE, PRODUCT OR EQUIPMENT PROVIDED BY CanWAN.com HEREUNDER OR WITH RESPECT TO ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED ON THE INTERNET.

7. Service Interruption

CanWAN.com may suspend service at any time for any duration of time, without penalty or liability to itself, where necessary to prevent improper or unlawful use of the Service, facilities, connections or CanWAN.com’s network. You agree that it may be necessary to temporarily suspend service for technical reasons or to maintain the network, equipment or facilities.

CanWAN.com shall have no liability whatsoever in connection with any such suspension of service. CanWAN.com shall have no liability whatsoever for its termination of the Service pursuant to these Terms and Conditions as a result of non-payment of amounts or deposits due, for unlawful or improper use of facilities or the Service by You, for your inability to access the Service, or for any other reason

8. Email and other services

E-mail that are sent by You are limited to 3 megabytes per message, including the content and attachments. For e-mail received by You, your total e-mail storage using the Service is limited to 20 megabytes.

These services are subject to change without notice.

9. Customer Privacy and Confidentiality

CanWAN.com has a Privacy Policy to protect Customers’ personal information. Personal information is information about You, and includes data about the CanWAN.com products and services You use and how You use them.

Personal Information does not include information listed in public directories or available through directory assistance, such as your name, address, telephone numbers or electronic addresses.

CanWAN.com collects personal information for some of the following reasons:

  1. to establish and maintain responsible commercial relations with You and to provide You with ongoing service and offers;
  2. to understand your needs and preferences;
  3. to develop, enhance, market or provide products and services;
  4. to manage and develop business and operations, including personnel and employment matters; and
  5. to meet legal and regulatory requirements.

CanWAN.com does not provide or sell personal information about You to any outside company for marketing or solicitation purposes, except with your explicit permission. CanWAN.com does not use or disclose personal information for purposes other than those for which it was collected, except with your consent unless required by law, or in an emergency.

Personal information is only retained as long as necessary or as required by law. To offer better service, CanWAN.com may disclose your information on a confidential basis. Please review our Privacy Policy to learn more about CanWAN.com’s use of information.

CanWAN.com’s Privacy Policy means that You have control over your personal information and how it is disseminated. You may remove your name from our third party marketing lists at any time. While these lists are meant to inform You of relevant and beneficial products, services or offers, it is your right to have your name removed on request.

You also have the right to refuse to provide personal information or withdraw your consent for its collection, with reasonable notice and subject to any legal or contractual restrictions. However, You acknowledge that CanWAN.com’s ability to provide service may be limited.

You may review or obtain a complete copy of CanWAN.com’s Privacy Policy to understand how your personal information is collected, used, disclosed and retained by visiting our website at www.canwan.com.

10. Privacy and Security

CanWAN.com cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information, including credit card information.

Any such use shall be at the sole risk of the user, and CanWAN.com and its affiliates and related companies shall be relieved of all liability in connection therewith.

11. Buying over the Internet

When making purchases or other transactions using the Service or the Internet, You may be asked by the merchant or service provider to supply certain information, including a credit card number or other means of payment.

CanWAN.com is in no way responsible for any charges You incur when making purchases or other transactions using the Service.

12. Monitoring

CanWAN.com has no obligation to monitor the Service. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by CanWAN.com. CanWAN.com cannot and does not screen content provided by users of the Service. However, You agree that CanWAN.com has the right to monitor the Service electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the Service properly, or to protect itself or its subscribers.

CanWAN.com will not intentionally monitor (except for testing or security protection purposes) or disclose any private electronic e-mail message unless required by law. CanWAN.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, or to refuse to permit access to web sites that, in its sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or any applicable law.

13. Customer Records

You authorize CanWAN.com to collect from any party and to retain all relevant information relating to your use of the Service, and You hereby authorize any party to provide us with such information.

You understand and agree that unless You notify CanWAN.com to the contrary by e-mailing us at support@canwan.com, You further authorize CanWAN.com to disclose, on a confidential basis, to any party with whom CanWAN.com has business relations all relevant information relating to your dealings with us and the Service.

14. Relationship

The relationship between You and CanWAN.com is that of independent contractors, and You do not have, nor may You hold yourself out as having, any authority to act for or create any obligation of, or make any representation on behalf of or in the name of, CanWAN.com.

You shall not use, in any manner or circumstances whatsoever, CanWAN.com's trade-marks, trade names, logos or designs owned or licensed by or to CanWAN.com.

15. Price for the Service

The prices for the Service are set out in the CanWAN.com website at www.CanWAN.com and are subject to change without notice.

The prices for the Service do not include any service fees, applicable taxes.

16. License to CanWAN.com-Provided Software

Your right to use the CanWAN.com-provided software, including any updates, new editions or versions provided by CanWAN.com, shall be subject to those terms and conditions set out in CanWAN.com’s software license agreement.

You acknowledge receiving a copy of that license agreement with a copy of the CanWAN.com-provided software. It is your responsibility to ensure that You review and agree to the terms and conditions of the applicable software before installing or using the software.

17. Recourse

If You are dissatisfied with the Service, your access to the Service, or with any terms, conditions, rules, policies, guidelines or practices of CanWAN.com in operating the Service, your sole and exclusive remedy is to cancel your use of the Service.

18. Your Right to Cancel

You may cancel the Service upon notice to CanWAN.com.

In order to cancel the Service, You must call CanWAN.com Customer Service at 1-306-949-5000 or send your notice in writing by fax or mail to the attention of CanWAN.com Customer Service at P.O. Box 3808, Regina, SK, S4P 3N8, fax number 1-306-949-2788.

Cancellations will be effective within 2 business days of CanWAN.com’s receipt of your cancellation notice. If You cancel the Service during a billing period, your charges will be prorated for the last month of the provision of the Service. Once the Service has been cancelled by You, CanWAN.com will not process any requests to retrieve any data, information or materials to which You may have had access while using the Service.

For customers renting equipment, You will remain liable for the full rental of your equipment to the end of the rental contract.

19. CanWAN.com’s Right to Cancel

CanWAN.com may cancel its provision of the Service to You at any time without notice at its sole discretion. Without limiting the previous sentence, if You modify, alter, reverse engineer, decompile, disassemble or create derived works based on CanWAN.com proprietary network protocols or CanWAN.com-provided software, You will have abused the Service and CanWAN.com will have the right to immediately terminate your account, without limiting any recourse CanWAN.com may wish to take against You in respect of such infringing and illegal activity.

If CanWAN.com cancels the Service in this way during a billing period, your charges will be prorated for the last month of the provision of the Service. All user names used in conjunction with the Service remain the property of CanWAN.com and CanWAN.com may, at any time and at its discretion, require You to change your user name.

20. Limitation of Liability

Neither CanWAN.com, its affiliates nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service, even if such damages were reasonably foreseeable or notice of such damages was given.

21. Indemnification of CanWAN.com

You agree to indemnify and hold CanWAN.com harmless from any claims, including fees for counsel, resulting from your use of the Service which cause direct or indirect damage or harm to another party.

22. Inurement/Assignment

These Terms and Conditions between You and CanWAN.com are binding upon and shall endure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.

You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without CanWAN.com’s prior written consent.

23. Unenforceable Provisions

If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

24. Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province in which your designated billing address is situate, and the federal laws of Canada applicable in such Province. The Service originates in Canada.

25. Entire Agreement

These Terms and Conditions represent the complete agreement and understanding between You and CanWAN.com with respect to the Service and supersede any other written or oral agreement.

Note: Product names and terms used throughout these Terms and Conditions are registered or pending trade-marks of, or are licensed to, CanWAN.com Communications Inc. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.