TERMS AND CONDITIONS
PLEASE READ THE TERMS
AND CONDITIONS OF USE:
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
(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
(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.
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
(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.
(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
(c) Sentex will not
tolerate it users sending out Unsolicited Commercial Email
(also known as SPAM) in any form. This will result in immediate termination.
6. NO WARRANTIES AND
(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
- 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
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):
- shall mean Sentex Communications Corporation.
- shall mean the membership, computer, billing and service account
created for you by Sentex in order to provide the Sentex Communications
Service to you.
Service" - shall mean the services provided by Sentex.
For comments or questions regarding
this policy please send email to