This Internet website (“Site”) is the property of Xplornet Communications Inc. (“Xplornet“). By accessing the Site you agree to be bound by the following terms and conditions (“Terms of Use“) which constitute an agreement between you and Xplornet and govern the relationship between you and Xplornet with respect to your use of the Site. “You” and “your” refer to users of the Site. Xplornet reserves the right, at its sole discretion, to change, add or remove portions of the Terms of Use at any time and from time to time. It is your responsibility to check the Terms of Use for changes. Your continued use of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. Provided that you comply with the Terms of Use, Xplornet grants you a personal, non-exclusive, non-transferrable, limited permission to enter and use the Site.

  1. Rights in the Site and Content. All material on the Site, including but not limited to text, comments, messages, information, data, graphics, interfaces, articles, trademarks, logos, button icons, photographs, images, illustrations, artwork, sounds, music, audio clips, video clips, links, digital downloads, data compilations, software, code and the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing (collectively, the “Content“) is proprietary and is owned, controlled by, or licensed to Xplornet and is protected by all applicable laws and rights, including but not limited to copyright, trademark and other intellectual property and proprietary rights laws. Nothing contained on the Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any Content except as set forth herein. Content on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, published, republished, modified, mirrored, uploaded, posted, transmitted, displayed, encoded, translated or distributed in any form or in way, including by e-mail or other electronic means, or stored in any retrieval system of any nature in any way, without the express prior written consent of Xplornet or such third party that may own such Content in each instance. You agree to abide by all copyright and other proprietary notices, information and restrictions contained in the Content and any other material accessed through the Site. You may download Content intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you (a) keep intact and abide by any and all copyright and other proprietary notices, information and restrictions that may appear on such Content, (b) do not share or make accessible such Content on any networked computer or broadcast of any sort, (c) make no modification to such Content and (d) do not make any claims, representations or warranties with respect to such Content. You agree that you do not acquire any ownership or other rights in any downloaded Content.
  2. Linked Sites. The Site may contain links to other websites maintained by third parties that are not under the control of Xplornet (“Linked Sites”).  Xplornet is not responsible for and makes no representations or warranties concerning the contents of any Linked Site, any information collection, use or disclosure practices through a Linked Site or any link contained in a Linked Site. It is your responsibility to verify any information contained within a Linked Site before relying on it. Also, the information contained in a Linked Site may be changed or updated at any time without notice. Xplornet provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Xplornet of the Linked Sites. Your use of Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review. In addition, the inclusion of any information, material, content or links on the Site should not be construed as an express or an implied endorsement of any third party products or services.
  3. User Content. By posting or uploading to the Site any form of material, content or information, including without limitation text, comments, messages, information, data, graphics, interfaces, articles, trademarks, logos, button icons, photographs, images, illustrations, artwork, sounds, music, audio clips, video clips, links, digital downloads, data compilations, software and code (collectively “User Content“), you (a) warrant that you own all rights or have obtained all third party consents, waivers, permissions or licenses with respect to your User Content and that neither you nor any third party will object to the use of your User Content by Xplornet in any manner; (b) consent to your name, address or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Site as applicable and to the disclosure or display of such information and any other information which appears in or is associated with your User Content; (c) acknowledge and agree that Xplornet is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (d) acknowledge and agree that any User Content that you provide for display on the Site will be considered non-confidential. Xplornet has no obligation to review User Content and Xplornet is not responsible for User Content in any way. However, Xplornet reserves the right in its sole discretion to monitor, review, retain, delete, edit, refuse to transmit, move or remove User Content, in whole or in part, whether or not it is in violation of the provisions of the Terms of Use without notice to you. You hereby (i) grant to Xplornet and its successors, licensees and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (A) use, reproduce, modify, adapt, publish, translate, exploit, distribute and sublicense any and all User Content submitted by you to Xplornet or the Site or to incorporate such User Content in other works regardless of form, medium or technology and (B) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the User Content, in each case including the right to exploit any copyright, trademark or other intellectual property or proprietary rights in such User Content, (ii) absolutely and irrevocably waive all moral rights in respect of any such User Content and (iii) execute and deliver such further documents and do such further acts and things as Xplornet may request for the purpose of giving effect to the foregoing. If you post User Content to any part of the Site, you understand and agree that anyone with access to the Site will be able to access, use or disclose any information that you include in any such User Content (including, without limitation, any personal information such as your name, address or e-mail address). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Site. You understand and agree that Xplornet shall not be liable for any access to, use of or disclosure of any information you include with or in any User Content.
  4. Use of the Site. The information on the Site is for informational purposes only. You agree that you will use the Site and any Content solely for your personal, lawful purposes and that you shall not use any Content or the links to this Site in any claims, proceedings, suits or actions against Xplornet, its suppliers, partners, licensors, dealers, representatives, associates or affiliates and each of their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Xplornet Parties”). You shall not:

(a)            post, upload, publish, display, encode, reproduce, transmit or otherwise distribute or disseminate User Content on the Site: that (i) is knowingly false, defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening or invasive of one’s privacy; (ii) constitutes or encourages conduct that would constitute a criminal offence or violation of any law or give rise to civil liability; (iii) is protected by copyright, trademark or other intellectual property or proprietary rights law or right or derivative works thereof, without obtaining permission of the rights holder; (iv) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (v) solicits passwords, personal information, funds, goods or services or otherwise solicits information for commercial or unlawful purposes; or (vi) contains advertising;

(b)           restrict, inhibit or interfere or attempt to restrict, inhibit or interfere with any other user from using and enjoying the Site or Content (for example, by means of hacking or defacement);

(c)            post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component;

(d)           utilize any deep-link, page-scrape, robot, spider, site search/retrieval application or any other manual or automated program, algorithm, methodology, technique or similar or equivalent process to scrape, index, data mine, access, copy or monitor any portion of the Site or Content or in any way reproduce or circumvent the navigational structure or presentation of the Site or the Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;

(e)            attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Xplornet server, or to any of the services offered on or through the Site, by hacking, password mining or any other illegitimate means;

(f)            probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;

(g)            reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Xplornet, including any Xplornet account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;

(h)           take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Xplornet’s systems or networks, or any systems or networks connected to the Site;

(i)             forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Site or any service offered on or through the Site;

(j)             engage in any conduct that impersonates any person, licensed professional, business or entity, including Xplornet and its employees and agents; or

(k)           otherwise use the Site or the Content in a way that is contrary to law or which could adversely impact use of the Site, the Content or the Internet by other users.

Xplornet reserves the right (but not the obligation) at its sole discretion to suspend or terminate your access to the Site without notice upon a violation or attempted violation of the Terms of Use or for any other reason. You remain solely responsible for your User Content, and you agree to indemnify and hold harmless the Xplornet Parties with respect to any claims, liabilities, losses, expenses, damages and costs, including reasonable legal fees, based upon your User Content.

  1. Accounts, Passwords and Security. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to promptly notify Xplornet immediately after you become aware of any unauthorized use of your account or password, or any other breach of security and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. You may be held liable for losses incurred by Xplornet or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Xplornet cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
  2. No Warranty or Representation. The Site and the Content are provided to you “as is” and “as available”. Xplornet makes no representations or warranties regarding how often the Site or the Content will be updated, if at all. Xplornet assumes no responsibility to you or any third party for any errors or omissions of any kind in or relating to the Site or Content and disclaims all representations, warranties and conditions of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and title and non-infringement. Xplornet disclaims any and all liability for the acts, omissions or conduct of any third parties in connection with or related to your use of the Site. The Xplornet Parties do not make any representations or warranties as to correctness, accuracy, timeliness, reliability, truthfulness or completeness of the Site or the Content. The Xplornet Parties do not make any representations or warranties that operation of the Internet or the Site or access to and use of the Site or Content will be uninterrupted, error free or free from defects, viruses or other harmful components. You assume total responsibility and risk for your use of the Site and the Content.
  3. Limitation of Liability. Under no circumstances, including but not limited to negligence, gross negligence, negligent misrepresentation or fundamental breach, shall the Xplornet Parties be liable for any direct, indirect, incidental, special, consequential, exemplary, punitive or other claims, liabilities, losses, expenses, damages or costs that results directly or indirectly from the access, use or download or the inability to access, use or download the Site, Content, User Content or any Linked Sites or the transmission of confidential or sensitive information over the Internet.  These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that the Xplornet Parties shall not be liable for any defamatory, offensive, unlawful or illegal conduct of any user, including you. If, notwithstanding the other provisions of these Terms of Use, an Xplornet Party is found to be liable for any damage or loss which arises out of or is in any way connected with the Site, Content, User Content or any Linked Sites, the transmission of confidential or sensitive information or the conduct of any user, including you, such Xplornet Party’s liability shall in no event exceed CAD$100.
  4. Monitoring. Xplornet is under no obligation to monitor the Site and assumes no responsibility or liability should any Content or User Content be modified or altered in any way without Xplornet’s consent.  However, you agree that Xplornet has the right to, without notice or liability (i) monitor use of the Site and monitor, review, retain, delete, edit, refuse to transmit, move or remove any Content or User Content, in whole or in part, without notice to you at its sole discretion and (ii) disclose to third parties any Content, User Content or information associated with the Site or about you or your use of the Site if Xplornet believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce the Terms of Use or other Xplornet user terms, policies or guidelines, comply with any laws or regulations or order of a court or administrative tribunal, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. Xplornet reserves the right in its sole discretion to issue any response it considers appropriate if Xplornet becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property or other proprietary rights.
  5. Privacy. You acknowledge that you have read Xplornet’s Privacy Policy (as it may be updated from time to time) (the “Privacy Policy”) which are made part of these Terms of Use and hereby consent to the collection, use, maintenance and disclosure by Xplornet and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy. Xplornet’s use of customer information is also subject to applicable terms and conditions including those contained in Xplornet’s End User Agreement (as amended from time to time). Copies of the foregoing documents are available at www.xplornet.com. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
  6. Viruses. Xplornet assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of, browsing or downloading any Content, User Content or the Site.
  7. Indemnification. You agree to indemnify, defend, and hold harmless the Xplornet Parties from and against all claims, liabilities, losses, expenses, damages, and costs, including reasonable legal fees, resulting from or in connection with (a) any act or omission by you or users of your account, (b) any violation by you or users of your account of the Terms of Use, (c) your access, use or downloading of the Site, Content, User Content or Linked Sites or (d) the placement or transmission of any User Content by you or users of your account. Xplornet reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
  8. Non-Waiver. Xplornet’s failure or delay in insisting upon or enforcing strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights. No waiver of any provision of these Terms of Use shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms of Use constitute a continuing waiver unless expressly made in writing by Xplornet.
  9. Governing Law. The Terms of Use are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario or any other judicial district or jurisdiction as Xplornet may determine in any and all actions, disputes or controversies relating hereto. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
  10. Territory. The Site originates in Canada. Xplornet’s products and services are offered in Xplornet’s operating territory. Some products and services referred to on the Site may not be available in parts of Xplornet’s operating territory and Xplornet makes no representations or warranties as to the availability of such products or services in your local area and such references do not imply that Xplornet intends to provide such products or services in your local area. Xplornet reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Site is void where prohibited.
  11. Recourse. If you do not agree to the Terms of Use or are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site. In such an event, you agree to destroy all materials obtained by you on the Site and all copies thereof. The Terms of Use shall survive any such termination.
  12. Severability. In the event that any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.
  13. Language.These Terms of Use, including all other documents incorporated by reference herein, are binding and constitute the entire agreement between Xplornet and you with respect to your use of the Site. The parties agree that the English language will be the language of the Terms of Use and all documents in connection thereto, and each party waives any right (whether statutory or otherwise) to use and rely upon any other language, or translations.  Il est de la volonté expresse des parties que tous les documents qui s’y rattachent soient rédigés en langue anglaise.