Terms & Conditions
 
1. By requesting and/or making payment arrangements for the service(s) as tendered you acknowledge that you are a Customer to Burlington Network Services and agree to be bound by the terms therein.
2. This agreement is between the Customer and Burlington Network Services (BNS), a division of Hardsoft Systems Ltd. (HSL). The rights, duties and obligations cannot be assigned or transferred without the written approval of BNS.
3. The Customer warrants and agrees that the Customer is and will be the only end user of the Service. Business Service Customers agree only authorized agents of the Customer will be end users of the account. The Customer and/or Customerís employees will abide by all the rules and regulations governing use of Service that may be issued or adopted by Burlington Network Services from time to time and furnished to the Customer relating to provision of service.
4. The Customer understands that Customer equipment must be in proper working order for regular successful use of Service on any BNS plan type. The Customer understands that improperly installed, configured or connected equipment or Software either computer based or telephone system based may create disruptions which BNS does not warranty. Hardware and Software repair may be available via HardSoft Systems Ltd or a local BNS Sales Agent at applicable published rates, or through computer repair service of the Customerís choice. BNS does not warranty knowledge, service or reliability of any third party computer repair service.
5. BNS Services may be purchased, arranged and renewed with a designated BNS sales agent. Upon activation of an account by BNS all terms and conditions contained herein are considered to apply. BNS and the Customer become sole parties to the terms and conditions. Sales agents must abide within Terms and Conditions contained in BNS Sales Agent Agreement renewed annually by BNS with designated Sales Agent.
6. Rates, Charges and Payments:
A. The Customer agrees to pay BNS for all and any use of Services at the time and amount(s) specified for Service Plan and payment type selected.
B. All set-up fees are non-refundable.
C. All BNS Service plans are due and payable monthly or annually in advance. Personal Service plans are payable either on a monthly pre-authorized payment plan or Annual payment only. Invoices issued to Business service plan Customers are payable on receipt. Overdue accounts are subject to late payment administrative charges and any payment received shall be first applied to the oldest outstanding charges. Charges for NSF cheques or NSF pre-authorized payments will apply. Business Customers may arrange alternate billing periods with BNS General Managerís approval but all fees will be due and payable in advance of first day of use in alternate billing period.
D. The Customer's failure to make payment when due may result in service disruption. Residential accounts not paid in advance of billing period may be suspended anytime after first day of unpaid period. NSF return of pre-authorized payments or cheque will result in suspension of any or all of Customerís services from BNS. Business Accounts more than sixty (60) days overdue will be disconnected or suspended. After a disconnection or suspension of services is ordered, continuance or reconnection of service will require full payment of arrears, by cash, credit card or certified cheque, and payment for both labour and administration costs in the form of a reconnection fee, and NSF fees if applicable.
E. Unused connection time during any monthly period cannot be transferred to any other months.
F. Accounts are made available with several monthly allocations of connection time. Customers may purchase Unlimited dial-up connections. Unlimited is defined as a BNS dial up access having a maximum of 300 hours of connection time per month. Unlimited accounts are in no way dedicated accounts and continuous connection for any specific period of time is not guaranteed. If unauthorized dedicated behavior (over 300 hours per month) is detected on a customer's account, BNS reserves the right to impose time limitations or bill customer's account for overages or a dedicated connection.
G. Overages beyond the time allocations of the customerís chosen account will periodically be audited and customers will be billed at current published hourly rate as provided by BNS.

If customer upgrades BNS service package at notice of overages, BNS may at BNS's discretion, waive fees for overages.
H. Unless the customer has purchased a specific dedicated connection BNS equipment will detect a period of 15 minutes of inactivity (inactivity is defined as no data transmission) and the connection will be terminated. Customers wishing to avoid "idle time-outs" will arrange to configure customer equipment to maintain minimum data transmission.
I. Customers may terminate Services at any time with 30 days written notice to BNS. In the case of annual pre-paid accounts refunds will be issued less a charge equal to the 30 day notice period. Monthly pre-authorized payment Customers agree to pay final installment equal to 30 days from date of cancellation. Business customers agree to pay final installment equal to 30 days from date of cancellation.
J. Burlington Network Service may, upon notice to customer directed to the postal or electronic mail address provided by customer, change or modify any rates charges or other fees in connection with service including rates for connection time, monthly services charges or charges for overages.
K. Monthly term plans (residential or Business Service), are held to renew automatically at monthly anniversary date indefinitely until such time as customer provides notice of cancellation. Annual residential plans will be notified at least 30 days prior to anniversary date of Annual plan. If payment or cancellation notice has not been received by renewal date the Annual plan service may be suspended. Annual Business plans will be notified at least 30 days prior to anniversary date of annual plan. If payment or cancellation notice has not been received by renewal date the Annual plan service may be suspended. In the case of non renewal without notification per terms and conditions herein, Customer will be required to pay charges outstanding for the period up to and including 30 days forward from date of receipt of written notice of cancellation AND fees for any overages as recorded by BNS.
A reminder: Any Pre-authorized payment plan will continue, regardless of usage until such time as Customer cancels service(s). Refunds are not issued for periods billed but not used due to Customer failing to send written notice as above.
7. Liability:
Unless otherwise specifically provided in this Agreement, BNS will not be liable to the customer or any third party for:
A. any direct or indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of any BNS Services by the Customer or any other use of the Equipment or Services, including, without limitation, any damages resulting from or arising out of the Customer's reliance on or use of the Equipment or Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or Services; and
B. any losses, claims, damages, expenses, liabilities, or costs (including legal fees), resulting directly or indirectly out of or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Equipment or Services by the Customer or a third party infringes on copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial property rights or contractual rights of any third party; and
C. the common carrier status of BNS shall be held paramount
The Customer's sole and exclusive remedies under this agreement are as expressly set out in Section 12 of this agreement.
8. Responsibility:
BNS agrees that it will stand by to maintain its Systems and Equipment to the best of its ability, but assumes no responsibility for interruptions of service due to the following:
A. Power failures outside of BNS property;
B. Cessation of transmission or lack of access to any individual website or source of information on the Internet;
C. Cessation of transmission or lack of access due to failure of any other NOC or NAP;
D. Federal and/or Provincial regulations which may restrict, alter or otherwise eliminate certain kinds of content or information;
E. Acts of God, including floods, storms, tornadoes, ice, wind, lightning accidents and atmospheric conditions;
F. Any other cause reasonable beyond the control of BNS.
9. BNS agrees to a goal of 99.994% availability of service, excluding scheduled outages for maintenance or repairs. Liability is limited as stated in sections 7 and 8 of this agreement.
10. BNS agrees to a goal of limiting system outages to a maximum of two (2) business days from the time of notification of any omissions, interruptions, delays, errors or defects in transmission, or failures or defects. Liability is limited as stated in sections 7 and 8 of this agreement.
11. BNS does not warranty speed of any connection, either initial or ongoing, or data transfer rate save that all BNS equipment will permit maximum connection or data transfer relative to customer equipment at BNS point of presence. Slow or fluctuating connections or data transfers due to any telecommunications infrastructure between the Customer and BNS or to any telecommunications infrastructure, ISP, server, node, NOC or NAP (National Access Point) beyond BNS are not warrantied.
12. Warranty and Remedies
Where there are omissions, interruptions, delays, errors or defects in transmission, or failures or defects in BNS facilities, BNS's liability is limited to a credit to the customer's account, on request, proportionate to the length of time the problem existed. Except for interruptions due to events of force majeure, the Customer shall be entitled, in such cases, to a credit, provided that; A) BNS is notified by the Customer; B) The omission, interruption, delay, error or defect lasted at least forty-eight (48) continuous hours following the notification; C) A written request for credit is filed by the Customer with BNS within thirty (30) days of such notification.
13. BNS will provide twenty-four (24) hour monitoring of systems.
14. BNS will provide technical support to direct subscribers as per current published support desk hours. BNS will not provide account details or customer information to third parties without direct permission of customer. BNS Technical support will include at no charge, via telephone, set-up, configuration, optimization, and diagnostics of customer Internet connectivity devices, browsers and email programs. BNS support will not include no charge assistance with operating systems, hardware or other applications whether Internet related or reliant or solely resident on Customer's system. Additional support for such failures may be arranged, See Section 4.
15. The agreement shall be governed by and construed in accordance with the laws applicable in the province in which the Customer's designated billing address is situated, as supplied to BNS.
16. The Customer may, subject to Burlington Network Services's approval, change to another Burlington Network Services Price Plan.
17. If any section, provision or part of this agreement is held to be unenforceable, invalid or illegal, in any jurisdiction, then it shall be severed and deemed to be deleted in that jurisdiction only and the remaining sections, provisions or parts shall remain valid and binding. The agreement in its entirety will be held as intact and valid in any and all other jurisdictions.
18. No waiver of any the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
19. Miscellaneous:
A. Except as provided herein, this agreement may not be amended except in writing and shall be binding upon and ensure to benefit of the parties hereto, their permitted successors and assigns.
B. BNS may accept late payment, partial payments or cheques, drafts and money orders marked "payment in full" without losing any of its rights hereunder. BNS can choose to delay enforcement of any of its rights hereunder without losing them.
C. It is agreed that all documents, including this document sent by facsimile or other means of electronic transmission to the other party shall be considered to be original documents.
D. BNS may assign its rights and obligations under this agreement to a third party. Customers may not assign this agreement.
19. Time is of the essence in this agreement.
 
Acceptable Usage Policy;
BNS reserves the right to enforce standards of use for customers accessing BNS Services. Any activity convening the following standards will result in suspension and may result in termination of services and any (legal ramifications in the area?)
A. BNS does not permit BNS Customers to send Spam. BNS cannot prevent any outside source from directing Spam to BNS Customers. Spam is defined as:
  • posting large messages to inappropriate newsgroups
  • sending advertising to a large group of people or inappropriate and/or multiple groups
  • false commercial messages
  • emailing or posting "get rich quick schemes"
  • sending unsolicited email messages
  • mail bombing(examples, hostile message sending, intended to destroy, seriously damage or overload the addressee's mailbox)
  • harassing/abusive email
B. Multiple Logons. Unless arranged as an addition to a residential Service, or within a Business Service Plan, BNS permits only one logon (or no more than purchased and arranged within the business plan) at any time for any user ID. When multiple logons occur, BNS is notified and may investigate, notifying the Customer. If multiple logon attempts continue, BNS may suspend the Service.
C. Transmission of Viruses. If complaints are filed that a BNS customer is a source of a virus, BNS will attempt to contact and inform Customer. BNS reserves the right to suspend service if the customer cannot be contacted to contain the spread of the virus. BNS will be held free from liability from the results of any transmission of viruses from a Customer of BNS or by any Customer of BNS as per clause 6C.
D. BNS does not permit attempts to circumvent, alter, probe or otherwise disturb security of any network or system (hacking), whether native to BNS infrastructure or not. BNS customers initiating such activities will be suspended and all information will be forwarded to appropriate authorities. Any attempts by Customer to (hack) BNS infrastructure or BNS systems will be held liable for any and all damages resulting in loss or interruption of Services to any BNS customer. Customers attempting such activities will also be pursued to the fullest extent of the law.
E. BNS offers courtesy personal webspace not to exceed 1 meg to any non-business Customer. Webspace is for personal use only, commercial contents will not be permitted in the courtesy webspace. Commercial webspace is available for purchase by any customer on several BNS Service packages. BNS holds exclusive rights to access process and naming conventions and does not warranty Customer mistakes in website construction or updating. BNS offers complete website design and creation services at current published rates. Please review BNS technical support webpages available through www.bserv.com for details on personal webspace access and use.