INTERNET SERVICES AGREEMENT
Novus Entertainment Inc. (“Novus”) provides its High-Speed Internet Data Services (the “Services”) to its customers (“Customers”) subject to the terms and conditions contained in this Internet Services Agreement (the “Agreement”). Use of the Services as a Customer of Novus constitutes acknowledgement and agreement that the Customer has read and agreed to accept and comply with these terms and conditions. Novus reserves the right to update this Agreement as outlined below. Continued use of Novus’ Services following any such amendment constitutes acceptance of the amended version of this Agreement, the latest version of the Agreement being posted on Novus Website www.novusnow.ca. If a Customer does not agree to comply with all of the provisions of the current version of this Agreement, the sole and exclusive remedy of the Customer is to discontinue use of the Services.
Novus may change, modify, add, or remove portions of this Agreement at any time. Novus will notify the Customer of any material changes to this Agreement by posting changes on the Novus Website or may, but has no obligation to, send notice of such changes either directly to a Customer’s service address or by email directly to a Customer’s email address; however, Customers are responsible for ensuring that they have a copy of the latest version of the Agreement. Continued use of the Services following any change, modification or amendment means that the Customer agrees to and accepts the Agreement as amended. If a Customer does not agree with the current Agreement, the Customer must immediately stop using the Services.
The Customer acknowledges that the Customer’s agreement with these terms and conditions is on the Customer’s behalf and on behalf of all persons who use the Services through the Customer’s equipment, whether such use has been authorized by the Customer or not. The Customer will have sole responsibility for ensuring that all such other users understand and comply with the terms and conditions of this Agreement. The Customer further acknowledges and agrees that the Customer is solely responsible and liable for any and all breaches of the terms and conditions of this Agreement.
Novus provides many different levels of Internet Service to residential users and to businesses. Novus’ Internet Services are provided over Novus’ fibre optic network which is connected to the world wide web network.
The different levels of Internet Service provided by Novus have specific terms and conditions attached to them including data transfer limits. The Customer acknowledges and agrees that the Customer has been advised of the limits attached to the Customer’s specific service level and has agreed to pay for additional Internet service usage (measured in GB of traffic used) beyond the gigabytes of traffic included in the Novus High Speed Internet service package of the Customer. The Customer understands and agrees that such usage will result in charges being applied to a Customer’s bill without prior notification.
Installation of Services
Novus will provide connectivity to the Services free of charge if:
- Data outlet already exists in the Customer’s premises;
- Data outlet does not exist but a telephone jack exists in the Customer’s premises.*
Novus will only provide connectivity to one (1) data outlet; however, Novus allows the Customer to connect multiple computers to its network by means of home networking, which is the sole responsibility of a Customer even if the equipment necessary to permit home networking has been purchased through Novus.
*Data outlet will be installed in the Customer’s premises by a Novus Service Technician.
The Customer is solely responsible for obtaining and maintaining the minimum computer requirements.
Customer Premise Equipment Provided by Novus
Novus requires a deposit from the Customer to secure placement of Novus’ equipment in the Customer’s premises. Notwithstanding the fact that Novus’ equipment is attached to the Customer’s equipment and/or the premises of the Customer, all equipment provided by Novus for use of the Services remains the property of Novus.
Access to Premises
The Customer hereby authorizes Novus and its employees, agents, contractors and representatives to enter the Customer’s premises in order to install, maintain, inspect, repair and enhance the Novus data network facilities. Novus will conduct these services at a mutually agreeable time.
Agreement to Pay
- Novus’ services are billed in advance (usage based services will be billed in arrears) and the Customer hereby agrees to pay to Novus the total monthly service fee as established from time to time and billed to the Customer, including applicable taxes, for the Services. Payment will be made in accordance with the terms and conditions of the invoices sent to the Customer.
- The Customer further agrees to pay an administration fee of $25.00 if any cheque is returned for insufficient funds, if a credit card payment is denied or if the account is delinquent.
- It is the Customer’s responsibility to provide Novus with the Customer’s current billing information.
- Customers must contact Novus within 60 days if they disagree with any items on an invoice. Failure to do so within the time period provided will constitute the Customer’s acceptance of the invoice.
- The Customer hereby agrees to allow Novus to conduct a credit check of the Customer’s credit record at any time to assist Novus with the administration of the Customer’s account.
- The Customer agrees to accept responsibility for payment for the Services until such time as the Customer has provided notice of termination to Novus for termination or discontinuance of the Services.
Where a Customer has made arrangements for a third party to pay for the Customer’s Services by way of a credit card or pre-authorized payment, the Customer is responsible for providing to Novus written confirmation from both the Customer and such third party that the third party is paying for the Services on the Customer’s behalf; however, so long as the Services are provided to the Customer’s residence and the account is in the Customer’s name, the Customer is responsible for any payments which are refused or reversed and agrees to accept responsibility for payment for the Services until such time as the Customer has provided notice of termination to Novus for termination or discontinuance of the Services.
Customer’s Acceptable Use of Services
Novus provides many different levels of Internet Services and in order to protect the integrity of its network and its Services, Novus requires the Customer to comply with its acceptable use policy. This acceptable use policy prohibits any activity where such activity constitutes a criminal offence or assists others to engage in any criminal offence and prohibits any activity, which in Novus’ sole judgment, is a civil offence giving rise to civil liability or which, in Novus’ sole judgment, threatens the integrity of Novus’ network and its Services.
The Customer will indemnify and hold Novus harmless from any and all claims, demands, charges and expenses which result from the Customer’s violation of Novus’ acceptable use policy.
The Customer agrees not to use the Services to, directly or indirectly, including, but not limited to, participate in those activities listed below:
- upload, post, publish, deface, modify, reproduce, distribute or transmit in any way, information, software or other material obtained through the Services that is protected by copyright, or any other proprietary right, or related copyright works, without obtaining permission of the copyright owner or right holder;
- disrupt Novus’ data network or Novus’ Services, or otherwise inhibit, disrupt, impede or restrict Novus’ ability to monitor or deliver the Services;
- invade another person’s privacy;
- unlawfully use, possess, post, transmit or distribute obscene, profane or pornographic material;
- post, transmit or distribute content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- unlawfully promote or incite hatred, or post, transmit or distribute objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
- interfere with computer networking or telecommunications services to or from any Internet user, network or host, including but not limited to service attacks, overloading a service, sending out SPAM or unsolicited e-mail, improper seizure and abuse of user privileges (“hacking”), or attempting to “crash” a host;
- resell the Services, or use the Services for other than personal purposes. Without limiting the foregoing, the Customer agrees not to use the Services for operation of an Internet service provider’s business or any web hosting or similar activities;
- operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi- user interactive forums if the Customer is a Novus High-Speed Internet Service Customer. (Only Novus’ Business and Commercial Internet Service Customers are permitted to operate a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.);
- access any computer, software, data, or any confidential, copyright protected or patent protected material of any other person, without the knowledge and consent of such person, nor use any tools designed to facilitate such access, such as packet “sniffers”;
- alter, modify or tamper with the Services. Without limiting the foregoing, the Customer agrees that a permanent IP address is provided only to Novus’ Business and Commercial Internet Customers.. A Customer subscribing to Novus’ residential Internet Service, physically entering a dynamic assigned IP address into that Customer’s computer system, is in violation of this Services Agreement and Novus will terminate the Services without advance notice. In addition to Novus’ termination rights as set out elsewhere in this agreement, engaging in one or more of these practices will result in termination of the Services. Additionally, Novus reserves the right to charge the Customer for any direct or indirect costs incurred by Novus or its affiliates in connection with the Customer’s breach of any provision of this Agreement, including costs incurred to enforce compliance with it;
- host websites of an offensive, pornographic or obscene nature. Novus will not host ANY websites that contain pornographic content, socially inappropriate content (libelous, abusive, or slanderous by nature), content that incites hatred, racism, or intolerance, or content that is socially unacceptable. Novus reserves the right to monitor content of websites that Novus hosts and will disconnect websites that violate the terms of service. Novus reserves the right to make the decision in its sole discretion on the acceptability of the hosted websites’ content and, either approve or deny, hosting services for the questioned website;
- use the Services beyond the published traffic limits where a Customer’s Services are limited . The Customer agrees to pay for additional usage of the Services beyond the traffic limit and excessive usage of the Services may result in Novus discontinuing service to the Customer. Novus reserves the right to withdraw and refuse service to any Customer who abuses the Services and incurs heavy usage traffic.
Violation of Acceptable Use Policy
NOVUS HAS NO OBLIGATION TO MONITOR THE SERVICES CONTENT; HOWEVER, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOVUS HAS THE RIGHT TO MONITOR NOVUS’ SERVICES CONTENT ELECTRONICALLY FROM TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST OR TO ASSIST IN THE PURSUIT OF ANY LEGAL ACTION AGAINST A CUSTOMER. NOVUS ALSO RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE WHO ABUSES, MISUSES, OR EXPLOITS THE SERVICES OR WHO FAILS TO COMPLY WITH THE ACCEPTABLE USE POLICY SET OUT IN THIS AGREEMENT. NOVUS RESERVES THE RIGHT TO TERMINATE A CUSTOMER’S SERVICES WITHOUT ANY NOTICE FOR SUCH MISUSE OF THE SERVICES, NON-COMPLIANCE WITH THE ACCEPTABLE USE POLICY OR FOR FAILURE TO PAY IN ACCORDANCE WITH THE TERMS OF THE INVOICE SENT TO A CUSTOMER.
Canada’s Copyright Modernization Act
Novus is obligated under Canada’s Copyright Modernization Act to accept notice of copyright infringement from a rights holder (for example, a movie studio, a gaming company or a music producer) that the products of the copyright holder have been illegally accessed or downloaded. Novus is then obligated to send the notice to the Internet address identified on the notice and to confirm to the copyright holder that the notice has been sent to the alleged offender and a log or history of these notifications must be maintained.
The identity of the person with the Internet address is not disclosed to the copyright holder when a confirmation is sent and the Internet service provider is not obligated to terminate its service; however, if a copyright holder believes that one party may be responsible for many infringements, it may take legal action which would require the identity of the infringer to be disclosed. If infringement is proven, the copyright holder may seek damages of up to $5,000.
Service Suspension by Novus
The Customer acknowledges that Novus may suspend the Services at any time for any duration of time or permanently, without penalty or liability to Novus, where necessary to prevent improper or unlawful use of the Services. The Customer also agrees that Novus has the right to temporarily suspend the Services for technical reasons to maintain and upgrade its network, equipment and facilities. Service may also be suspended or interrupted due to conditions beyond Novus’ control, such as power interruptions or equipment failure. Novus shall not bear any liability whatsoever for any such suspensions of Services.
Service Suspension by Customer
- Novus agrees that the Customer may suspend the Services for a minimum period of one month to a maximum period of six months and the Customers will not be billed for the period during which the Services are suspended.
- The Customers will be allowed two disconnections and reconnection per calendar year at no charge.
- The Customers agrees that should the suspension period be for less than one month, there will be a $20 reconnection fee.
- The Customers also agrees that should the Customer require reconnection of the Services more than two times in a calendar year, there will be a $20 reconnection fee.
- It is the Customer’s responsibility to contact Novus at least two business days prior to the date on which the Customer wishes the Services to be reconnected.
LIMITATION OF LIABILITY
- The Services are provided “as is” and “as available” without warranties or conditions of any kind.
- Without limiting the generality of the foregoing, Novus does not warrant the performance, availability, uninterrupted use of or operation of the Internet, the Customer’s connection to the Internet, any equipment or any feature of the Services.
- The entire risk as to the availability, quality and performance of the Services is with the Customer.
- Novus does not warrant that any data or files sent by or to the Customer, (whether by email or otherwise) will be transmitted, transmitted in uncorrupted form, transmitted within a reasonable period of time or rerouted.
- There are no express or implied representations, warranties or conditions whatsoever (including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose) with regard to the Services or any merchandise, information or service available on the Internet or otherwise through the Services, and all representations, warranties and conditions of any kind, express or implied are, to the extent permitted by applicable law, hereby excluded.
Unless otherwise specifically provided in this Agreement, Novus will not be liable to the Customer nor to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings and loss of business opportunities, invasion of privacy and personal injuries (including death) resulting directly or indirectly out of, or otherwise arising in connection with the Customer’s use of Novus’ Services; and
- any losses, claims, damages, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with any claim that a Customer’s use of the Services infringes the copyright, patent, trade-mark, confidentiality, privacy, or other intellectual property rights of any third party; and
- any damage to or loss or destruction of any of the Customer’s hardware, software, data or peripherals resulting from installation or usage of the Services.
Revised April 10, 2018