Personally Identifiable Information
Sentex Communications is required to collect specific personally identifiable data for the
purposes of conducting business with individual customers. The data collected will be only
through legitimate registration processes, only when necessary and with the explicit permission
of the customer. The use of this information will not be combined with any other unrelated
processes collecting personally identifiable data.
This data will at all times be treated with the same level of respect as other proprietary
information, trade secrets and business patents and will be kept in the strictest of confidence.
We may, from time to time, provide certain personally identifiable information to third parties
for administrative purposes such as billing, delivery or funds distribution. Any such third party
will be required to sign a non-disclosure agreement.
Internally, personally identifiable information is available only to employees with a need to
know.
Sentex Communications employees do not read, examine, inspect or disclose information in
account email or other files unless required to do so by law, an emergency when a person's
physical safety is an issue or an act of security. Sentex Communications cannot guarantee
privacy of information related to your use of the login name in email, news groups, chat groups
or purchasing transactions over the Internet. Users do so at their own risk.
The protection of personally identifiable information does not apply to publicly available or
public record information nor is it superseded by obligations imposed by statute, regulation, law
or legal process.
Non-Personally Identifiable Information
Information that is not directly attributable to a specific individual is deemed to be non-
personally identifiable information. This may include such data as income, age, marital status
etc. This is normally requested for development of demographic data on a particular product or
service. Information may also be acquired from users by the use of "cookies" during the access
to a specific web site.
Sentex Communications does not require this type of information and at no
time will we attempt to match a "cookie" to personally identifiable information for any
purpose. The end user of a browser has the option to turn off the use of cookies at any time.
TERMS AND
CONDITIONS
1. For convenience, certain terms used in this Agreement are listed in alphabetical order and defined or
referred to in Article 15 of this Agreement.
2. YOUR OBLIGATIONS
(a) You agree to pay all amounts owing in accordance with Article 4 of this Agreement. You agree to comply
with all the terms and conditions otherwise imposed on you by this Agreement.
(b) You are responsible for acquiring and maintaining all equipment and software necessary to connect to and
make use of Sentex's Communications Service. Sentex specifically disclaims any liability or responsibility
for the software provided to you by Sentex in order to assist you in connecting to and making use of Sentex's
Communications Service. Unless specifically stated otherwise, all software provided by Sentex for the purpose
of assisting you in connecting to and making use of Sentex's Communications Service is the property of third
parties and you are required to accept and adhere to all required software licensing agreements related to
such software before making use of any such software.
(c) You agree to be responsible for all use of and charges resulting from the use of Sentex's Communications
Service, including, without limitation, use by minors living with you or under your responsibility, care or
direction and unauthorized use prior to your notifying Sentex of such unauthorized use and taking steps to
prevent its further occurrence. You agree that Sentex has no responsibility to censor or otherwise regulate
information, files, content, data or other materials to or from minors living with you or under your
responsibility, care or direction.
(d) You agree to promptly notify Sentex of any unauthorized use of your Sentex Account and to take such steps
as are reasonably required to prevent its further occurrence.
(e) You agree to use the Sentex Communications Service in a manner consistent with any and all applicable
laws.
(f) Any access to any other communications network(s) through Sentex's Communications Service must comply
with the rules applicable to that/those other communications network(s).
(g) You agree not to use the Sentex Communications Service: a) in a manner that adversely affects the
availability of its resources to other customers; or b) to copy, communicate, publish, distribute,
disseminate, circulate or sell, or possess or receive for the purpose of copying, communicating, publishing,
distributing, disseminating, circulating or selling any data, information, content or any other material
which infringes any copyright, trade-mark, patent, trade secret, or statutory, common law or proprietary
rights of others, or which is obscene, libelous, threatening or harassing or which advocates or promotes
genocide or incites hatred against any identifiable group.
(h) You agree that if Sentex becomes aware of any breach and/or alleged breach of your under obligations
under Paragraphs 2(e), 2(f), 2(g) and/or 2(h) of this Agreement, Sentex may copy, delete, suppress and/or
refuse to transmit, receive or store any data, information, content or other materials transmitted, received
or stored by, to or through its computer and/or communications systems, or any part thereof, including,
without limitation, Sentex's back-up materials, by you or anyone authorized by you or by anyone for whom you
are responsible, including, without limitation, minors living with you or under your responsibility, care or
direction and/or terminate this Agreement for cause.
(i) You agree not to use a non-commercial Sentex account for commercial activity without prior approval of
Sentex Management.
(j) You agree to pay overtime charges of $0.50/hour for any usage of Sentex's services over the hourly limit
of your current plan.
3. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
a) you are at least eighteen (18) years of age and that you possess the legal
right to enter into this Agreement;
b) your entering into this Agreement does not violate any contractual
obligations to which you are bound or any law to which you are subject.
4. PAYMENT
(a) Each month's service fee (the "Monthly Service Fees") are payable in advance. All monthly services
require pre-authorized payment via bank account or credit card. You will incur charges in addition to the
Monthly Service Fees ("Additional Monthly Fees") if your usage of Sentex's Communications Service exceeds the
number of hours allotted for the Monthly Service Fees. If you are using Sentex's Communications Service from
certain locations, you may also incur charges levied by your long-distance carrier to access your Sentex
Account. If you make use of your Sentex Account in conjunction with a paging service, you may also incur
charges levied by your paging company. Your Sentex Account, once paid, is non-refundable.
(b) All charges are to be paid in Canadian currency and will be exclusive of all taxes, duties and/or other
similar charges imposed by any governmental authority or agency.
(c) Sentex reserves the right to change prices or institute new charges for access to or for use of Sentex's
Communications Service at any time upon not less than thirty (30) days' notice to customers. All changes will
be posted by Sentex at Sentex's Internet World Wide Web site, and you are responsible for reviewing pricing
information so posted regularly to obtain timely notice of such changes. Your continued use of the Sentex's
Communications Service or non-termination of this Agreement after changes are posted constitutes your
acceptance of the prices as modified by the posted changes.
5. TERMINATION
(a) At the expiration of your contract term, either you or Sentex may terminate your Sentex Account at any
time, with or without cause, upon written notice. Sentex also reserves the right to terminate or suspend your
Sentex Account without prior notice, but Sentex will confirm such termination or suspension by subsequent
notice. Termination during the course of any month will not entitle you to any refund of any prepayments for
that month.
(b) Sentex reserves the right to delete your personal files after either party terminates this Agreement.
(c) Sentex will not tolerate users sending out Unsolicited Commercial Email (also known as SPAM) in any form.
This will result in immediate termination.
6. NO WARRANTIES AND LIMITED LIABILITY
(a) Sentex's Communications Service is provided "as is" without any warranty of any kind, either expressed or
implied including, but not limited to, implied warranties of merchantable quality, merchantability or fitness
for a particular purpose. Sentex does not warrant that its services will meet your requirements, that it will
operate in combination with software and/or services which you select for use, that the operation of Sentex's
Communications Service will be uninterrupted and error free, that any errors will be corrected and/or that
Sentex's Communications Service will meet any particular criteria of performance or quality.
(b) Sentex will not be responsible for any damage you suffer. This includes loss of data resulting from
delays, non-deliveries or service interruptions caused by Sentex's negligence, your error or omissions or any
communications difficulties outside of Sentex's control. Your use of Sentex's Communications Service is at
your own risk. You assume full responsibility and risk of loss from your downloading and/or use of the files
or other material obtained either directly or indirectly from Sentex. You agree that in no event shall Sentex
be liable for any damages, including without limitation, direct, indirect, incidental, special or
consequential damages, or damages for loss of profits or revenue incurred by you or any third party, whether
in an action in contract or tort, even if Sentex has been advised of the possibility of such damages. Sentex
does not guarantee the privacy of any data, information, content or other materials transmitted by, to or
through its computer and/or communications systems, or any part thereof, including, without limitation,
Sentex's back-up materials.
7. INDEMNIFICATION - You agree to indemnify, defend and hold harmless Sentex for any damages, judgments or
expenses and other liabilities resulting from any final determination that the data, information and/or
content stored, received or transmitted, now or in the future, to, through or from, as the case may be, your
Sentex Account infringes any trade-mark, trade secret, copyright, patent or third party intellectual property
rights and from any damages, claims, suits or actions which may arise, now or in the future, as a result of
your use of Sentex Communications Service.
8. SURVIVAL - Except as otherwise set forth in this Agreement, the parties' rights and obligations pursuant
to Articles 3, 4, 6 and 7 shall survive any termination of this Agreement.
9. PARAMOUNTCY - This Agreement supersede all previous representations, undertakings or agreements and shall
prevail notwithstanding any variance with terms or conditions of any order submitted.
10. ENTIRE AGREEMENT - This Agreement shall constitute the entire agreement between the parties hereto with
respect to all of the matters herein and this Agreement shall not be amended except by a memorandum in
writing signed by all of the parties hereto, and any amendment hereof shall be null and void and shall not be
binding upon any party which has not given its consent as aforesaid.
11. WAIVER - Sentex may waive any default by you in the observance or performance of any of your obligations.
No act or omission of Sentex in respect of any default by you shall extend to or be taken in any manner
whatsoever to affect any subsequent default by you or the rights of Sentex resulting therefrom.
12. ASSIGN - You may not assign this Agreement or any part hereof without the prior written consent of
Sentex.
13. GOVERNING LAW - This Agreement shall be governed by and construed in accordance with the laws of the
Province of Ontario and the Federal laws of Canada applicable therein.
14. INDEPENDENT CONTRACTORS - The relationship of Sentex and you established by this Agreement is that of
independent contractors, and nothing contained in this Agreement shall be construed to place limitations on
the ability of the parties to enter into commercial relationships with third parties.
15. DEFINITIONS - Unless otherwise provided elsewhere in this Agreement, capitalized terms used in this
Agreement shall have the following respective meanings when used herein (such meanings to be applicable to
the singular and plural forms of the terms defined):
"Sentex" - shall mean Sentex Communications Corporation.
"Sentex Account" - shall mean the membership, computer, billing and service account created for you by Sentex
in order to provide the Sentex Communications Service to you.
"Sentex Communications Service" - shall mean the services provided by Sentex.
High Speed - Corporate Service Agreement
- The Sentex High Speed Internet service (also known as the Sentex High Speed ADSL service) is available to
commercial/small-business customers where technology permits.
- Use of the service is subject to the terms and conditions Acceptable Use Policy.
- All rates are subject to change and do not include applicable taxes.
- Installation does not include cost to correct wiring problems at the customer's location.
- Installation options include: Self-Installation or Technician installation.
- A minimum 12 month term applies for all promotional rates, discounts, and special options. If service is cancelled prior to
completing the 12 month term, you will be charged the full monthly rate for the full term of your service and any discounted hardware will be
billed to your account at full price.
- A fee of $8.00+tx applies for all shipped modems.
- Written notice is required to move, change, or cancel the Sentex High Speed Internet service.
- Additional conditions and fees may apply.
Residential Service Agreement
- Use of the service is subject to Sentex Terms and Conditions, Acceptable Use Policy, and this Service Agreement.
- The Sentex High Speed Internet service (also known as the Sentex High Speed ADSL service) is available to residential customers only
where technology permits.
- Monthly rate includes the items listed above; but excludes modem rental and hardware cost (if any).
- Installation does not include cost to correct wiring configurations at customer's residence.
- Installation options include: Self-Installation or installation by a Sentex installer.
- Charge of $50.00 will apply upon cancellation if modem is not returned with 15 days.
- Written notice is required to move, cahnge, or cancel the Sentex High Speed Internet service.
- A minimum 12 month term applies for all promotional rates, discounts, and special options. If service is cancelled prior to
completing the 12 month term, you will be charged the full monthly rate for the full term of your service and any discounted hardware will be
billed to your account at full price.
- A fee of $8.00+tx applies for all shipped modems.
- All hardware sales are final.
- All rates are subject to change and do not include applicable taxes.
- Additional conditions and fees may apply.
This policy is a guideline for acceptable use of your Sentex internet account. All Sentex customers are responsible for ensuring
that these terms and conditions are met. These policies are fully explained in the Acceptable Use Policy.
- You are responsible for ensuring that your computer meets the minimum system requirements. If your computer does not meet these
requirements Sentex is not responsible for any connection difficulties you may have as a result.
- You are responsible for obtaining and maintaining any software required to make use of your Sentex connection.
- Sentex will offer support for configuring internet and email programs, but cannot provide support for other system software.
- Sentex provides no warranties for any internet or email or other connection software you may run on your computer. We assume no
responsibility for any damages that may result from the use of such software.
- All accounts include shell access. You are responsible for ensuring that use of this account does not result in damage or
disruption to Sentex internet service.
- If you suspect someone may be using your account without your permission you are required to notify Sentex immediately. Otherwise
you are responsible for any damages caused by such unauthorized use.
- Spamming (sending out unsolicited commercial email) is prohibited.
- You may not have a business website on a residential account without prior permission of Sentex Communications.
- Renewal invoices are sent out by email 30 days before payment is due.
- Accounts are payable in advance, and you agree to pay all regular fees and overages when they are due. If your account is at any
time overdue, it will be placed on hold and your internet access suspended until such time as all outstanding invoices have been paid. If
your account has been put on hold, you will be required to make automatic payments by credit card from the time it has been put on
hold forward.
- Violation of the terms and conditions of use will result in termination of your account. For serious violations, Sentex will
terminate your account without notice.
- If your account is terminated because of violation of these terms, no refund will be issued.
- If you request that Sentex cancel your account, refunds will be issued by cheque and may take up to 8 weeks. You will be refunded
the unused portion of your subscription (only for each full month unused) less any overages due.
Please Note the Following Account Information
