MTS Terms and Conditions of Service for Wireless, TV and Internet Service

General Terms Applicable to Wireless, TV and Internet Service

For service enquiries please visit mts.ca or (phone) 204-225-5687, (email) customerservice@mts.ca. You may also write a letter to the MTS Advocate’s Office, PO Box 6666, RM CC100R, R3C 3V6 (website mts.ca).

G1. The Agreement.

G1.1 This Agreement is between MTS Inc. (“MTS”) and you (“you”), and is comprised of these terms and conditions and the details of the applicable service plan or package (the “Plan”) for wireless, TV or Internet service (the “Service”). You are responsible to obtain and review the Plan. If you change your Plan, the changes form part of this Agreement. You are responsible for keeping a copy of this Agreement and the Plan.

G1.2 MTS has the right to change these terms and conditions, in its absolute discretion, upon 30 days notice to you or within such other time as is practicable.

G2. Effective Date and Term

This Agreement is effective on the day MTS activates the Service and continues for the term selected (the “Term”). If no Term is chosen, or if it ends and Service continues, the Agreement shall be month to month until terminated in accordance with this Agreement.

G3. Charges and Payment.

G3.1 You shall pay the charges specified by MTS, whether monthly or otherwise, for the Service (the “Service Charges”) together with all applicable taxes, administrative costs and costs for complementary features or other services (“Total Charges”), whether or not you have received a bill from MTS. If your Plan has a fixed rate applicable to some or all of the Service (as defined in the Plan) through the Term, then those Service Charges may remain fixed throughout the Term, otherwise the Service Charges are subject to change upon 30 days prior written notice by MTS. Total Charges will be billed monthly and may be billed monthly or annually in advance for terms of one year or more in duration. The Total Charges shall be due and payable within 30 days after the date of the bill. All Total Charges not paid when due shall bear interest at the rate specified in MTS’s bills from time to time. MTS may prorate charges for partial months, or partial units for services billed on a per unit basis, as it determines in its absolute discretion. Upon termination of this Agreement, all outstanding Total Charges and any interest are immediately due and payable.

G3.2 (Not applicable to wireless service.) You agree to pay MTS for additional charges for excess or additional use of the whole or any part of the Service and an amount equivalent to: the cost of any facilities or equipment provided or rented to you or installed by MTS for the Service (the “Equipment”), or an amount equivalent to the installation fees in connection with such facilities or Equipment in the event that the Service are terminated within 90 days (or such other time stipulated in the Plan) of commencement of Service; plus the cost of restoring such facilities or Equipment to its original condition or of replacing it if damaged, lost, stolen or destroyed.

G4. Termination of Service. (Not applicable to wireless service – please see W3. Termination)

Unless otherwise specified in the Plan or under any service-specific terms and conditions, this Agreement may be terminated by MTS or you effective after the Term, or anytime if on month to month, upon thirty (30) days prior written notice and you shall remain liable for and shall pay all Total Charges hereunder. At your option, Service may be terminated immediately but you will still be responsible for Total Charges for 30 days past the date of termination. Termination shall not relieve you from any liability, including amounts owing to MTS, accrued prior to or at the time that such termination becomes effective. Further, MTS can charge you for the replacement cost of any Equipment not returned to MTS upon demand. See service-specific terms and conditions for details on any applicable termination fees.

G5. Your Responsibilities.

You represent, and warrant to MTS that you shall:

  1. not resell any Service, except with the prior written consent of MTS;
  2. not use the Service or any complementary features or other services in such manner as to interfere unreasonably with the use thereof by any other person; in any way which results in excessive usage of network capacity as MTS may determine; or in a way that is considered by MTS to be an abuse of, or in a manner that adversely affects or impacts its network, its services or other users of the Service; or for any purpose contrary to the law including, without limitation, laws regarding export control;
  3. comply with all current and future policies of MTS related to the Service as may be issued by MTS from time to time, including our Excessive Use Policy (mts.ca/excessiveuse);
  4. maintain all equipment, facilities and inside wiring as required to facilitate the Service;
  5. not open, alter or in any way tamper with any Equipment or other MTS property;
  6. provide timely notice to MTS of any change in your billing information, including any change to your automatic payment method and you represent and warrant that the billing information you have provided is your current information and is accurate; and
  7. be responsible for paying for all calls originating from, and charge calls accepted at your telephone or device, regardless of who made or accepted them, including all applicable service and usage charges associated with such calls. MTS may, if it so elects, collect all or part of the charges referred to above from the person placing the call or from any person who may otherwise be responsible for the charges incurred.

G6. Bundle Discounts.

MTS may offer discounts for bundling more than one Service and MTS may impose conditions thereon, with which you agree to comply.

G7. Installation and Repair. (Not applicable to wireless service)

  1. If required, you shall provide access to MTS or its agent at a time agreed, for the purposes of installing, monitoring, modifying and upgrading the Equipment and other facilities so as to facilitate the provision of the Service;
  2. You agree that MTS may remove any equipment previously provided for the purposes of your existing service or other MTS services, and re-route your access to other MTS services as MTS deems necessary;
  3. All facilities, electrical requirements and any other equipment or facilities required in connection with the Service shall meet the specifications and requirements prescribed by MTS, and shall be arranged or provided by you at your own expense; and
  4. Any request to relocate the Service to a new service address shall be at your expense at MTS’s prevailing rates and terms including such service charges as may be applicable. MTS has no obligation to relocate the Service to a service address outside of MTS’s serving area or located in an area where the Service is not offered.

G8. Default.

G8.1 Any one of the following events shall constitute an event of default, as may be determined by MTS:

  1. you fail to make any payments due under this Agreement or you fail to make any payment for Service or any complementary features or other services upon MTS’s request whether or not a bill has been rendered;
  2. you are in breach of this Agreement;
  3. any representation or warranty made by you turns out to be false or inaccurate in any material respect; and
  4. you use the Service or any complementary features or other services, hardware, Equipment or other facilities in a manner that adversely affects MTS or another person.

G8.2 In the event of default, MTS may take any steps it deems necessary, including terminating this Agreement or suspending the Service, complementary features or other services possibly without notice, or liability, and MTS may bill you immediately for all outstanding Total Charges accrued up to the date of the termination or suspension, and continue to charge you Total Charges as it deems fit. You shall be liable for the costs and expenses incurred by MTS or its authorized dealers or representatives by reason of the default or the exercise by MTS of its remedies in respect thereof and such costs and expenses shall be due and payable immediately upon notice.

G9. Limitation of Liability and Indemnification.

G9.1 MTS does not guarantee the Equipment, hardware or facilities, or the uninterrupted working of its network, the Service, or complementary features or other services. Any warranties, representations or guarantees not specifically contained herein are expressly disclaimed by MTS to the maximum extent allowed by law, as are any other warranties, representations or conditions of any nature, either express or implied, including, without limitation, any warranty, representation or condition of fitness for a particular purpose or merchantable quality. MTS shall not be liable to you, any user of the Service, complementary features or other services or related equipment or hardware or any other person, for any damages howsoever caused, directly or indirectly, relating to or resulting from:

  1. failure, interruptions or defect in the Service, complementary features or other services, equipment, hardware or facilities;
  2. failure to provide any Service or complementary features or other services, equipment, hardware or facilities;
  3. mistakes, omissions, interruptions, delays, errors or defects in transmission;
  4. any other cause including manufacturer recall of equipment, court orders or orders of any competent authority, fire, flood, explosion, war, riots, strikes, lockouts, picketing, boycotts, act of government authorities, acts of terrorism or civil disobedience or by any other cause beyond MTS’s control;
  5. the contents or accuracy of any programming, information or data carried, transmitted or delivered by, on, or through the Service, complementary features or other services;
  6. any breaches of confidentiality; or
  7. any breaches relating to or arising from breach of privacy or security in the transmission of data.

G9.2 Should you use the Service or any complementary features or other services or any hardware or Equipment in a way that causes defamation, copyright, patent or other infringement that results in a claim against MTS, you agree to indemnify and hold harmless MTS for all costs and damages MTS may suffer as a result of such claim.

G9.3 You acknowledge that the above limitation of liability is reasonable in light of the amount paid for the Service and agree that if MTS should be found liable in any way then MTS’s cumulative liability to you or any person claiming through or under you shall be limited to the amount paid by you for the Service during the previous 3 month period which shall be the agreed upon damages and shall be your exclusive remedy, and you shall indemnify and save MTS harmless against any claims in excess of this amount.

G9.4 You shall ensure that all persons accessing the Service, complementary features or other services comply with these terms and conditions. You shall be solely responsible and liable for, and shall indemnify and hold harmless MTS and its agents and contractors, from and against all losses, damages, expense and costs, including reasonable attorney’s fees, sustained by reason of the breach of any term or condition herein contained whether by you or by any person accessing the Service with your permission (express or implied) including, without limitation, all losses, damages, expenses and costs incurred by MTS in attempting to enforce any provision hereof, or in recovering any charges or any damages for breach of any term or condition herein contained. All remedies conferred upon MTS shall be deemed to be cumulative and no one is exclusive of the other, or any other remedy conferred by law.

G10. Title to Equipment. (Not applicable to wireless service)

Except as otherwise provided for herein, any facilities or Equipment provided or rented to you or used by MTS in connection with the Service shall remain and be the sole and exclusive property of MTS or its suppliers or licensors at all times, and you shall have no right of property therein except the right to use such facilities and Equipment in connection with the Service and pursuant to this Agreement. You shall (i) keep such Facilities free of all levies, liens and encumbrances; and (ii) ensure at all times that the Facilities and third party provided equipment at each service address that Services are provided is stored in a manner and in an environment which conform to the relevant equipment manufacturer’s specifications and the specifications, if any, provided by MTS or its suppliers or licensors and provide all necessary infrastructure for such Facilities. You shall not remove, deface or obscure any labels on the Equipment which indicate that MTS or its suppliers or licensors is the owner. You shall keep such facilities and Equipment free of all levies, liens and encumbrances and shall return the Equipment in good working condition to MTS upon termination of the Service. No equipment, apparatus, circuits, devices or services not provided by MTS or its suppliers or licensors will be attached to or used so as to operate with the Equipment and the Service in any way, whether physical, by induction or otherwise, except as permitted by MTS. Any wiring installed in order to facilitate the provision of Service shall become the property of the owner of the premises within which the wiring is installed. The customer shall not permit access to the Facilities by any person not approved by MTS.

G11. Safety. (Not applicable to wireless service)

MTS shall comply with your on-site safety requirements it is made aware of where applicable. Any protective clothing or special equipment required as a result of your requirements shall be provided by you at no cost to MTS. MTS reserves the right to refuse to commence or continue any work which, in its opinion, would have to be done in hazardous conditions. MTS shall not be responsible in any way to you for any refusal to work in or adjacent to hazardous conditions.

G12. Software, Documentation and Third Party Content. (Not applicable to wireless service)

Unless otherwise indicated, any software, documentation or third party content (including TV content such as Video on Demand) supplied by MTS, its agents or its business partners to you to permit access to the Service shall remain the property of MTS, its agents, its licensors or its business partners as applicable and you are obtaining a limited license to same. You shall take appropriate steps to protect any software, documentation or third party content against loss or damage. The use by you of any such software, documentation and third party content shall be subject to such terms set out in any agreement included with the software, documentation and third party content, including but not limited to any applicable license agreement. In the event of an inconsistency between the terms of this Agreement and the terms of any applicable license agreement, the terms of this Agreement shall prevail. Unless otherwise indicated, any third party content may not be downloaded or transferred between equipment or devices and, if applicable, may only be viewed during the applicable viewing period. All other rights are reserved for MTS or the licensor. In the event you misuse the third party content, your license will end immediately and such content must be deleted and disabled.

G13. Privacy and Credit History.

You acknowledge that MTS collects, uses and discloses personal information for the purposes identified in the MTS Privacy Code. These purpose are: (a) to establish and maintain responsible relations with customers and to provide ongoing service; (b) to understand customer needs; (c) to develop, enhance, promote or provide products and services; (d) to manage and develop MTS’s business and operations; and (e) to meet legal and regulatory requirements. In the course of providing the Service, customer information may be transmitted outside of the country. You consent to MTS collecting, using and disclosing your personal information in accordance with the MTS Privacy Code. The entire MTS Privacy Code may be viewed on MTS’s website at www.mts.ca/privacy, or will be provided upon request. You agree that MTS may send your account to a third party collection agency in the event your Service has been terminated and outstanding charges exceed $25. You also agree that MTS may provide information to others about your credit experience with MTS.

G14. Marketing Information.

You acknowledge and accept that from time to time, MTS may communicate information regarding its products and services to you via e-mail, text messages, voicemail, telemarketing and direct mail, if MTS thinks such information will be of interest to you. If you do not wish to receive these types of communications, contact MTS at (204) 225-5687 or *611 from your wireless device.

G15. Directory Listings.

If requested to do so by you, MTS may arrange for a Directory Listing to be made by your Telephone Company in accordance with the Telephone Company’s terms of service therefore but MTS shall have no liability whatsoever arising from such listing or omissions of such listing from any directory.

G16. Notices.

All notices shall be sufficiently given if personally served or sent by mail, fax or email and sent or addressed to you at your address specified for billing purposes. Any such notices, if delivered personally, shall be deemed to have been received the same day; if sent by mail, shall be deemed to have been received 3 business days after the date of mailing; or if sent by fax or email, shall be deemed to have been received on the next business day following the date sent. Notice of a legal claim must be given to the MTS Law Dept., Room MP19A, 333 Main Street Winnipeg, MB R3C 3V6.

G17. Errors in Billings.

MTS undertakes to provide accurate billing information but sometimes, errors occur. It is your responsibility to review any bills you receive from MTS for accuracy, and to contact MTS should you identify any errors or not receive a bill. Failure to identify errors to MTS within 30 days following the date of the bill shall mean you are deemed to accept the accuracy of that bill. You are still responsible to pay all Total Charges in the event your bill is delayed or not received by you.

G18. Privacy of Communications.

MTS cannot guarantee that your use of the Service will be secure or private. It is your responsibility to ensure appropriate security measures are in place to control access to your hardware and any information that you transmit using the Service or store on any hardware, including the SIM card. Third parties may intercept, record and monitor your communications over the Service and it is your responsibility to protect that communication. MTS disclaims all responsibility for any interception of private communications or for any breach of your security or privacy. You acknowledge that your phone number will be displayed when you call other landline or wireless users where technically possible.

G19. Regulation.

Should any competent regulatory authority determine that the Service must be regulated, then in such case, the parties shall observe the terms and conditions imposed by the regulatory authority, including any change to the Total Charges.

G20. Access and Monitoring.

MTS may limit, modify or refuse, all or part of, or your access to, the Service, complementary features or other services without notice or liability if there is a breach or suspected breach of this Agreement or where MTS deems such limit, refusal or modification may be advisable to protect itself, its customers or its network. MTS may also limit the amount of data transfer you are permitted, the hours you are able to access the Service in any manner, and the amount of storage and memory available to you. MTS is not obligated to but may monitor your use of the Service from time to time, and may use and disclose any information obtained from such monitoring as necessary to identify violations of or enforce this Agreement or MTS’s policies, to satisfy any law, regulation or other governmental request, to operate or improve the Service, to protect itself, its customers or its network. You recognize that should you use any remote services such as remote technical support, this may result in MTS having complete access to your equipment and any personal content thereon and this shall not constitute an invasion of privacy.

G21. Deposits.

MTS may require you at any time to provide a deposit satisfactory to MTS to be held and applied by MTS as it sees fit from time to time to any amounts you have outstanding with MTS. MTS reviews Customer security deposits every six months. MTS will return a security deposit when each of the three following criteria have been met: (i) deposit held for more than 179 days; (ii) Customer is an acceptable credit risk (as determined solely by MTS); and (iii) Customer is not part of an active installment plan. In the event of termination of this Agreement, through default of you, MTS may retain the deposit as a genuine pre-estimate of damages, not as a penalty.

G22. Third Party Providers.

You agree that a third party may be used to provide any part of the Service and such Service shall be subject to, and governed by, these terms and conditions as if provided directly by MTS. You may also obtain services and applications from third parties and MTS shall have no responsibility to you related to your use of or access to such third party services or applications.

G23. General Conditions.

You acknowledge that there are no other terms and conditions of this Agreement, except as expressly contained or incorporated by reference herein. This Agreement shall be governed by the laws applicable in Manitoba. You shall not assign your rights and obligations to any party except with the prior written consent of MTS. This Agreement shall be binding upon, and shall enure to the benefit of, you, your successors and permitted assigns and MTS and its successors and assigns. Any provision of this Agreement that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of the Agreement. No failure by MTS to exercise any right under this Agreement or to insist upon full compliance by you with your obligations under this Agreement will constitute a waiver of any provision of this Agreement.

ADDITIONAL TERMS APPLICABLE TO WIRELESS SERVICE

These wireless services terms apply to cell phone contracts signed or renewed on or after September 15, 2012. For contracts signed before September 15, 2012, please see our Terms Applicable to Wireless Service (for contracts signed before September 15, 2012) page.

Definitions:

“Minimum Monthly Cost” means the minimum amount you are required to pay for wireless service each month for the base services if you do not use optional services or incur any additional fees or overage charges, including any wireless network charge (“WNC”) or system access fee (“SAF”) but excluding any taxes, administration costs and optional services.

“Hardware Subsidy” means, where you received hardware for free or at a reduced cost, the amount calculated as the retail value of the hardware you received less the amount you paid for it.

W1. Plan and Related Charges

W1.1 Subject to Section 1.5, MTS will not change any component of the Minimum Monthly Cost during the initial Term of your Agreement.

W1.2 In addition to the Service, you may be provided with, or be able to access through the Service, any or all of the following:

(a) “Optional Services” which are optional services used as complements to the Service, including the Optional Services listed on your Wireless Service Agreement, which can be added or cancelled by you at any time, subject to any minimum subscription requirements;

(b) “Other Services” which are other services provided by MTS or third parties and which you access using the Service or the Optional Services, which Other Services may result in separate charges being made to your MTS account, and include but are not limited to long distance, applications, gaming, roaming, downloadable/uploadable content, short codes and location based services, and such other services as may be designated by MTS as such, from time to time.

Availability of and charges for Optional Services and Other Services are not guaranteed for the Term of this Agreement and are subject to change upon at least 30 days notice which notice will set out the change and the date it comes into effect. Rates may be charged on a pay per use or monthly basis. Details and rates for Optional Services and Other Services can be found at mts.ca/myfeatures.

W1.3 If you wish to change to another Plan during the term of this Agreement, you may be allowed to do so at the discretion of MTS.

W1.4   MTS reserves the right to charge you for administrative and network charges including but not limited to: connecting and re-connecting service and number changes. Details can be found atmts.ca/othercharges.

W1.5 MTS reserves the right to change your Minimum Monthly Cost if the Plan is rated or otherwise discounted pursuant to a corporate account agreement (the “Corporate Agreement”) which has expired or otherwise terminated, in which case the new monthly rate following termination of the Corporate Agreement shall be the most favourable rate available to you as MTS may determine in its discretion. If a new Corporate Agreement is entered that is applicable to you, MTS shall adjust your Minimum Monthly Cost by the applicable discount under the new Corporate Agreement.

W2. Service and Hardware

W2.1 The hardware you obtain is not warrantied by MTS, but may be subject to manufacturer’s warranties or any extended warranty that you may purchase from MTS, the dealer or manufacturer. The details of any manufacturer’s warranty can be found in the box your device is provided in or obtained from the manufacturer. MTS offers extended warranty options and more information is available atmts.ca/wpp. MTS is not responsible for installation, operation or maintenance of hardware, unless expressly agreed in writing. All hardware must be technically and operationally compatible with MTS’s network and must comply with governmental rules, regulations and laws.

W2.2 All hardware is new and locked, unless otherwise specified. MTS may unlock hardware, upon request, for the unlock fee stated herein, no earlier than 90 days after the contract start date, provided your wireless account is in good standing with MTS.

W2.3 You may return or exchange wireless devices to the store where purchased and you will be refunded the amount you paid for it if the device: (a) is returned within 15 days of purchase; (b) is in a “like new” condition with all components, manuals, original packaging and receipt; and (c) usage does not exceed 30 minutes and/or 50 MB of data. You will also be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the return date. If you terminate your Agreement on return of the device as set out above, you will not be charged an early cancellation fees. A restocking fee may apply to any return or exchange of a wireless device. The return and exchange policy does not apply to customers who have purchased a Prepaid Plan.

W2.4 MTS may at any time, update or change the software or settings on your hardware, in order to continue the provision of the Service to you or to preserve the integrity of MTS’s network. You agree to and shall permit MTS to make any such updates or changes as are necessary, without notice to you.

 W3. Termination

W3.1 This Agreement and your Service may be terminated at any time by you upon you giving notice to MTS. You shall remain liable for and shall pay all Charges, including all Charges for Service provided by MTS. To terminate Service call MTS at (204) 225-5687.

W3.2 In the event of theft, loss or destruction of any hardware used by you in association with the Service, you shall pay all Total Charges up to the time of notification to MTS of such theft, loss or destruction, provided that such charges shall not be less than the Minimum Monthly Cost which would have accrued.

W3.3 If you terminate this Agreement and the Service prior to the expiry of your Term, MTS may charge you an early cancellation fee. If you received a Hardware Subsidy, the early cancellation fee will be calculated as set out in section H Critical Hardware Information Summary or at mts.ca/cancellationfee. If you did not receive a Hardware Subsidy or if your Agreement was extended for a fixed term beyond expiry of the initial Term, the early cancellation fee will be the lesser of (a) $50; and (b) 10% of the Minimum Monthly Cost for the months remaining in your Term.

W3.4 If you are in default under this Agreement including default of your payment obligations so that MTS terminates this Agreement or suspends the Service, Optional Services or Other Services, you shall pay MTS any outstanding amounts or charges due from you to MTS arising under this Agreement, plus $150.00 as a genuine pre-estimate of damages.

W4. Identifying Number.You may be assigned a unique number, (such as a telephone number or pager number) in which you have no property right and MTS may change the number at any time as it, in its discretion, considers necessary, without any liability whatsoever.

W5. Unique Equipment Identifier.You shall abide by all rules governing the use of any unique identification number assigned to the hardware and the rules and regulations set by Industry Canada in respect thereto. You shall not reproduce, alter, repair or tamper with any such number as set from the original manufacturer’s value.

W6. Roaming.When you use your hardware in, or near, any other service carrier’s area you may be charged roaming fees based on the applicable roaming service agreement entered into by MTS and the other carrier. You shall be deemed to have accepted responsibility to pay these charges, including the purchase of any data passes presented to you, and you agree to all limitation of liability provisions respecting such use. You agree that you are not a third party beneficiary of any agreement between MTS and such other carrier and that such other carrier shall have no legal, equitable or other liability of any kind to you. MTS reserves the right to remove roaming service in any other carrier’s service area on a temporary or permanent basis for any reason whatsoever. (The occurrence of such a restriction will generally be based on fraudulent activity within that carrier’s service area.) Roaming capability depends on availability of the Service in another area.

ADDITIONAL TERMS APPLICABLE TO INTERNET SERVICE

Terms Applicable to Business and Consumer Internet Service

I1. Definitions.

In addition to the terms given meanings within this Agreement, the following definitions shall apply to MTS Internet Service:

“content” means text, HTML code, JAVA code, images, audio clips, information, communications, software, pictures, video, graphics, music, sounds and other materials and services, regardless of its source.

“Custom Vanity Domain Name” or CVDN refers to a customer created personalized domain name for a website and may also be associated with email addresses on the Internet (example: www.johndoe.com and johndoe@johndoe.com). Each CVDN is unique on the Internet and must be registered through a recognized registrar.

“Spam” means the mass electronic distribution of unsolicited, bulk email to individual email accounts or email lists and may also be referred to as “junk email” or “bulk email.” Without limitation, spam also includes any email MTS considers to be unsolicited, fraudulent or illegal, in its discretion.

“Virus(es)” means a program or code that inserts, replicates, and infects another program, boot sector, partition sector or document that supports macros. Viruses may include but are not limited to “worms” and “trojan horses.”

I2. Internet Use.

I2.1 You shall:

  1. comply with the MTS Internet Usage Policy (mts.ca/internetusage);
  2. not access more than one dial-up modem or service at any one time using the same UserID; and
  3. not use any of MTS’s Internet plans designed for personal and not commercial use to: (1) host configuration servers or multi-user interactive forums; (2) operate a “server” in connection with the Services; or (3) provide network services to others via the Services. Examples of “servers” includes, without limitation, mail, news, file, gopher, telnet, chat and web.

I2.2 You are responsible to ensure that your computer equipment and programs meet the current minimum requirements of MTS posted at www.mts.ca/internet, as may be amended from time to time, necessary to use the Services. You acknowledge that from time to time, the computer equipment and/or the programs required to access and use the Services may change and the your computer equipment and/or programs may cease to be adequate to access the Services as a result. If that occurs, your sole remedy shall be to either upgrade your computer equipment and/or programs used to access the Service or terminate this Agreement.

I2.3 You are responsible for backing up your own files, programs and data as required. Your files, programs and data stored on the MTS network shall be and remain your property, however, MTS may, in its sole discretion, make and keep backups of any such files, programs and data and may review, use, disclose or delete such files, programs and data as necessary to prevent, attempt to prevent or stop any disruption of the Services or breach of this Agreement whether by you or any other person, in connection with any lawful governmental request, or in connection with a claim arising out of a disruption of Services or breach of this Agreement, or where MTS determines that such action is necessary to prevent, attempt to prevent or stop any disruption of the Services or breach of this Agreement.

I2.4 Any UserIDs and passwords issued to you shall be used only by you and those persons authorized by you. You shall not make the UserIDs and passwords available to any third party and shall be solely responsible for maintaining the security of your UserIDs and passwords. If you become aware, or suspect that any unauthorized person has obtained or attempted access to your account, programs, or data, then you shall forthwith notify MTS and change your passwords. You acknowledge that the fees charged by MTS reflect the allocation of risk herein and the limited recourse to MTS provided for herein. MTS will not assume any responsibility for acts or omissions of you or of any individual who accesses the Services using your passwords and/or UserIDs.

I2.5 You agree to cause all persons who use the Services through your UserIDs and passwords or computer equipment to observe and comply with these terms and conditions. You further agree that you are solely responsible and liable for any and all breaches of these terms and conditions, where such breach is the result of use of the Services by you or by any other user of your UserIDs and passwords or computer equipment, and you shall indemnify MTS against, any claims, actions or losses that arise, directly or indirectly, from such use.

I2.6 You shall comply with any and all terms and conditions of MTS service providers which terms and conditions are made available to you by those service providers.

I2.7 Email services with an @mts.net, @escape.ca or @mymts.net are offered by a third party service provider and not by MTS. MTS is not liable or responsible in any way for email and or other features and services offered through third parties. Third party service provider may store information, including personal information, outside of Canada. Any information stored outside of Canada is subject to the general laws of application of the country in which it is being stored. Neither MTS nor the third party service provider are liable for any loss of data or emails, undelivered data or e-mails, misdirected data or emails or the amount of time required to complete the transmission of data or emails through the email system.

I3. Suspension of Internet Service.

During any suspension period of @mts.net, @escape.ca, or the @mymts.net domains, MTS will remove access to the suspended domain(s) which will remove access to the Microsoft service. E mail delivered will remain in your mailbox but you will be unable to access it unless the suspension is lifted. If the Service is terminated after a period of suspension, you understand and agree that the contents of all email boxes forming part of the Service will be deleted and you authorize MTS or its service provider(s) to delete any messages, files, programs and data associated with your account upon termination.

I4. Quantity/Future Orders.

For High Speed and Dedicated Internet plans, the quantity of Equipment or Services initially specified by you during the registration process or in your agreement with MTS represents the initial quantity ordered by you. Where you order additional quantities of the Equipment or Services, you agree that such additional quantities of the Equipment or Services shall form part of the Services, and the Terms and Conditions shall apply thereto. MTS may issue a confirmation schedule(s) (the “Confirmation Schedule(s)”) to you confirming the Total Charges payable, the number of months in the Term for such additional orders, or confirming any other changes in the Equipment or Services. The Confirmation Schedules issued by MTS to you shall be deemed correct and binding on you if an objection in writing is not received within ten (10) days of your receipt of the Confirmation Schedule. Where it is agreed by MTS that additional quantities of the Equipment or Services ordered by you will not be subject to this Agreement, you shall enter into a new agreement with MTS in respect thereof, and this Agreement shall continue to apply to the Equipment or Services subject to this Agreement, notwithstanding the execution of such other agreement by MTS and you.

Terms Applicable to Business Internet Service

I5. Email service with a Custom Vanity Domain Name

Email service with a Custom Vanity Domain Name (as defined herein) may be hosted by a third party vendor under agreement with MTS to provide e-mail and related products and service. MTS considers your registration data, and other personal information that you may provide, to be private. However, MTS may monitor and disclose any personal information that you provide, to the extent permitted by law, for the purpose of ensuring your compliance with this Agreement or to protect the rights, property, or interests of MTS or any third party. We will not intentionally monitor or disclose any personal information or data that you may make available through the Site or the Services unless required to do so (i) to enforce this Agreement; (ii) by law; (iii) to defend MTS in any action; or (iv) to protect MTS property. Additionally, you agree to respect the privacy and confidentiality of others using the Site or Services.

I6. Termination.

I6.1 Where all or any part of the Services, not including CVDN, are terminated by MTS for default, or if you are a customer other than a month-to-month customer and you terminate all or any part of the Services provided, not including CVDN, you agree to pay to MTS, in a single payment as liquidated damages for early termination and not as a penalty, a termination charge equal to one-half (1/2) of the service Charges being terminated multiplied by the number of months remaining in the Term as at the date of termination. Termination of the Services, not including CVDN, shall not relieve you from any liability, including amounts owing to MTS, accrued prior to or at the time that such termination becomes effective. In the event a customer (other than a month-to-month customer) terminates Service within six (6) months of activation/installation (“Early Termination”), MTS may assess an additional charge for such Early Termination.

I6.2 With respect to CVDN specifically, in the event a domain name registration has been auto renewed, MTS may only suspend or delete the CVDN during the 45 day grace period following the date the CVDN auto-renewed (the “Auto Renew Grace Period”). Any such suspension shall only be in place during the Auto Renew Grace Period and shall be lifted at the end of this period. This suspension or deletion of the CVDN cannot occur in the event the Customer is in default for payment of any other Service (including hosting). Notwithstanding the foregoing, MTS must delete a CVDN during the Auto Renew Grace Period if requested by the registrant of the CVDN.

I7. Suspension of Internet Service.

I7.1 During any suspension period of a Custom Vanity Domain Name email, email sent to any email accounts forming part of the Service will continue to be received and accessed, however, no changes can be made to the email account. If the Service is terminated after a period of suspension, you understand and agree that the contents of all email boxes forming part of the Service will be deleted and you authorize MTS or its service provider(s) to delete any messages, files, programs and data associated with your account upon termination.

I7.2 During any suspension period, email sent to any email accounts forming part of the Services will be rejected and the system will send a message to the sender (other than a sender of a message deemed to be spam) stating that the email is undeliverable. Email already delivered will remain in your mailbox but you will be unable to access it unless the suspension is lifted. If the Services are terminated after a period of suspension, you understand and agree that the contents of all email boxes forming part of the Services will be deleted and you authorize MTS to delete any messages, files, programs and data associated with your account upon termination

I8. IP Addresses.

I8.1 You acknowledge and agree that MTS owns, and you have no property rights in, all addresses provided to you, specifically static and dynamic IP addresses, MTS owned domain names and sub domain web page addresses. MTS may modify or change such addresses at any point in time and shall in no way be required to compensate you for such changes.

I8.2 If your Internet plan includes registration of a domain name or other related services that are normally provided under MTS’s Domain Name Registration and Management Terms and Conditions posted at www.mts.ca/internet, such services are not provided pursuant to this Agreement but are provided pursuant to MTS’s Domain Name Registration and Management Terms and Conditions. Further, the term “Services” does not include your telephone line or any enhancement thereto which is provided pursuant to MTS’s Terms of Service for Regulated Services, nor does it include access service such as (but not limited to) Lan-A, Lan-C, Frame Relay, Virtual Private Network, Megalink, or Centrex, which are provided under separate agreements between you and MTS.

I9. Web Hosting and Shell Access Services.

You warrant the accuracy of the information included in your web site, and warrant that you are authorized and entitled to advertise the business, profession, service, product trade-mark or trade name specified or described therein, that the content on your web site is suitable for publication, is not libelous or defamatory and does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders and other legal requirements. You understand and agree that where MTS provides you with web hosting and/or shell access services, MTS reserves the right to ensure that your web design and/or web site advertising are consistent with MTS’s established advertising policies, and that you comply with the requirements, terms and conditions of MTS’s service providers or suppliers (the “service provider(s)”) of content, security and/or public certification services forming part of MTS’s web hosting and/or shell access services. While it is your responsibility to regulate and control content on your web site, if MTS hosts your site, MTS may suspend or delete your web site or any content therein without consent, notice or liability and shall have the right to refuse to place or publish the design, and/or to suspend or cancel the web hosting and/or shell access services, as the case may be, if MTS is ordered to do so by a court of competent jurisdiction, or if MTS, in its sole discretion, determines that: (a) your design, web site advertising or any content therein is illegal, false or misleading; (b) you are engaging in unethical business practices as may be evidenced by complaints received by MTS from the public or public agencies; (c) you fail to comply with the requirements, terms and conditions of MTS’s service providers or suppliers of security and/or public certification services forming part of MTS’s web hosting and/or shell access services; (d) you have violated or are in violation of this Agreement; or (e) you are indebted to MTS for any amount. In addition, if MTS determines that it is appropriate, MTS may either (i) issue a warning to you; (ii) suspend or limit your access to some or all of the Services; or (iii) terminate the Services.

I10. Digital Content for Web Hosting and Shell Access Services.

I10.1 Through the web hosting and/or shell access services, you may be provided with objects including their API’s as well as images, photographs, templates, animations, video, audio, music, text and “applets”, and “online” or electronic documentation (together called the “Digital Content”).

I10.2 You may use, modify and publish the Digital Content in accordance with this Agreement.

I10.3 Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to these terms and conditions.

I10.4 The copyright and all other rights to the Digital Content shall remain with MTS’s service providers or suppliers.

I10.5 You may incorporate the Digital Content into your own original work and publish your work in a web site provided that:

  1. The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
  2. You continue to pay for the Services; and
  3. Your account has not been suspended or terminated.

I10.6 You may not:

  1. Post web pages containing the Digital Content on servers other than those owned or operated by MTS, its service providers or suppliers;
  2. Use the Digital Content for any purpose, if you no longer pay for the Services or your account has been suspended or terminated;
  3. Use the Digital Content to create printed or “hard copy” documents;
  4. Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
  5. Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
  6. Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
  7. Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
  8. Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
  9. Translate, reverse engineer, decompile, or disassemble the Digital Content;
  10. Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
  11. Use the Digital Content or make copies of it except as permitted herein.

I10.7 You agree, upon termination of the Services, to cease using and destroy all copies of the Digital Content.

I10.8 In the event that MTS notifies you, in its sole discretion that certain components of the Digital Content may no longer be used, you agree to cease using and destroy all copies of those components of the Digital Content identified by MTS in your possession or control.

I11. This section applies only to customers with Custom Vanity Domain Names. Anti-Spam Filtering, Anti-Virus Filtering and Content Filtering Services. Use of MTS’s Anti-Spam Filtering Service (the “Anti-Spam Service”), Anti-Virus Filtering Service (the “Anti-Virus Service”), and/or Content Filtering Service (the “Content Filtering Service”), collectively referred to as “Enhanced Services, shall be subject to the following:

  1. Anti-Virus Service. MTS’s Anti-Virus Service allows you to have email messages that are determined to contain viruses detected and deleted from your email inbox. MTS and/or its service providers shall determine which email messages contain viruses in their discretion.
  2. Anti-Spam Services. MTS’s Anti-Spam Service automatically deletes those email messages that are determined to be “spam” by service provider(s), in their discretion. MTS reserves the right to, at any time, adjust spam filter settings so that spam will be automatically deleted without the opportunity for you to review the messages deemed to be spam by the service provider(s), where MTS determines such action is advisable to improve the Services or to protect its network, in addition to the terms respecting disclosure of information set out in these Terms and Conditions, you understand that the service providers may disclose the contents of spam email messages to third parties for use in identifying, blocking and filtering unsolicited email, and you expressly consent to this disclosure.
  3. Content Filtering Service. MTS’s Content Filtering Service allows you to filter access to online content generally located in, but not restricted to, websites based on categories chosen by you during the set-up process. MTS’s Content Filtering Service is not intended to be a substitution for parental supervision.
  4. Other. All intellectual property rights in MTS’s Enhanced Services and associated documentation and software, are owned by the MTS and/or its service provider(s), or their suppliers, and are protected by applicable intellectual property laws. MTS and/or the service provider(s) and their suppliers retain any and all rights not expressly granted herein.
  5. You agree to waive, and will not assert, any claims against the MTS, service providers, and/or vendor acting on behalf of MTS in connection with your access to or use of MTS’s Services, privacy of your email, or access to user information by authorities, including without limitation any claims based upon damages claimed by you based on a third party claim.