PORTABLE WIFI TERMS OF SERVICE
1.1
These Terms of Service, combined with UTILITY NETWORK & PARTNERS INC.'s ("UTILITYnet", "us", "our" or "we") Portable WiFi Sign-Up Application Form,
our Acceptable Use Policy, and our Privacy Policy, form the Portable WiFi Services Agreement (the "PWS Agreement").
The PWS Agreement is an agreement between you as the customer ("you", "your", "Customer" or "Accountholder") and UTILITYnet.
You are entering into the PWS Agreement with UTILITYnet, to purchase certain products and services created and provided by a
third party called SIMO HOLDINGS INC. ("SIMO"), such as the Solis Lite (or any newer or replacement version of the Solis Lite
that is sold by UTILITYnet from time to time) (the "PW Hotspot") and your choice of a variety of data service ("Data Service")
plans for use with the PW Hotspot (the "PW Data Plans"). The PW Hotspot and the PW Data Plans shall be referred to together as the "PW Products".
Please note that this PWS Agreement provides you with Data Services only, and not telephone (voice) or text messaging services.
1.2
By using or subscribing to any of the PW Products provided to you by UTILITYnet through one of UTILITYnet's marketers or resellers (collectively, "Marketer"),
you are agreeing to all of the terms and conditions in the PWS Agreement.
Please read all of these Terms of Service before using the PW Products.
If you do not wish to be bound by the PWS Agreement or any modifications or amendments made to it from time to time,
do not subscribe for or use the PW Products. You will still be bound by the PWS Agreement even if you do not read all of the terms.
If you continue to use the PW Products after UTILITYnet or one of the Marketers has given you at least one month's notice of any change
to the Terms of this PWS Agreement, you will be bound by the modified terms, even if you choose not to read them.
After you have completed the application process, your Marketer will email you an electronic copy of the PWS Agreement.
Upon request, we can mail you a paper copy.
UTILITYnet's Marketers
1.3
UTILITYnet has retained the Marketers to advertise and promote the PW Products.
You may have dealings with a Marketer. However, ultimately you are entering into the PWS Agreement with
UTILITYnet and UTILITYnet is providing you with the PW Products.
Signing-up
1.4
You will need to complete the Portable WiFi Sign-Up Application Form ("PW Sign-Up Form") to provide us with the necessary information,
confirmations, and authorizations to set up your Portable WiFi account with UTILITYnet ("Account") and enter into the PWS Agreement.
A hyperlink (link) to the PW Sign-Up Form is located on the Marketer's website.
1.5
On your PW Sign-Up Form you will be the Accountholder.
You may also name another person who is at least 18 years old, as an "Authorized User",
who has your permission to request and consent to certain changes to your Account (ex. a spouse or partner).
1.6
As part of the application process:
(a)
we will conduct a credit check and you may be required to provide a security deposit (see Part 9);
(b)
you will agree to payments by pre-authorized debit (see Section 8.4);
(c)
you will be provided with instructions for accessing your online Account,
where you may review your Account information,
download copies of your past invoices for your Monthly PW Data Plan ("Invoice"),
change the password you use to access your Account, etc.;
(d)
we will arrange for delivery of your PW Hotspot (see Part 5);
(e)
you will choose an PW Data Plan (see Part 6); and
(f)
we will determine the date your Data Services will be activated and be available to you for use ("Activation Date").
The Term
1.7
This PWS Agreement will begin on your Activation Date and will end on the first of the following dates to occur:
(a)
the last day of the Billing Cycle (defined in Section 6.1) during which this PWS Agreement is cancelled by the Customer;
(b)
the day after the last day the Customer uses the PW Data Plan after giving notice to UTILITYnet of cancellation as per Part 13.1 below; or
(c)
the date on which this PWS Agreement is cancelled by UTILITYnet; (the "Term").
2.0
YOUR AGREEMENT WITH SIMO
2.1
Although you are entering into the PWS Agreement with UTILITYnet, if you use the PW Products,
you are also agreeing with SIMO to be bound by its Terms of Service ("SIMO's Terms").
You can find a link to SIMO's Terms at the bottom of the Solis WiFi’s website homepage.
You will be bound by SIMO’s Terms even if you choose not to read them.
If you do not wish to be bound by SIMO's Terms, or any modifications or amendments made to them from time to time,
do not subscribe to or use the PW Products.
UTILITYnet's Customer Care
3.1
UTILITYnet's customer care representatives ("Customer Care") are available to assist you by telephone, email, or online chat,
Monday-Friday between 9a.m. and 5p.m. (MST), excluding statutory holidays ("Business Hours") at:
Phone:
|
(403) 244-7299, ext.1
|
Email:
|
info@utilitynet.net
|
Online Chat
|
Chat icon on UTILITYnet's Portable WiFi webpage or the Marketer's website
|
Outside of Business Hours, you may leave a voicemail or send us an email and Customer Care will respond during Business Hours.
3.2
Customer Care can assist you with a variety of matters, such as:
(a)
answering questions about:
(ii)
SIMO's Terms and Conditions;
(iv)
delivery or use of your PW Hotspot;
(b)
making changes to your Account information, banking information, or PW Data Plan;
(c)
navigating UTILITYnet's, the Marketer's, or SIMO's website;
(d)
adding or removing an Authorized User to or from your Account;
(e)
setting up, connecting, and using the PW Hotspot, and troubleshooting basic technical problems;
(f)
cancelling this PWS Agreement;
(g)
reporting a lost or stolen PW Hotspot to suspend your Data Services; and
(h)
checking your High Speed Data (defined in Part 6)
balance remaining for the current month of your Monthly PW Data Plan or for your Global One-Month PW Data Plan (Part 6).
3.3
If you believe there has been an error in your billing and you wish to dispute a payment please contact Customer Care so that we may review the matter.
If your Invoice is incorrect, we will ensure the error is corrected.
If you have overpaid, we will refund you the overpayment amount or credit it to the Invoice for your next Billing Cycle (defined in Section 6.1),
at your option. If you have underpaid, the outstanding amount will be added to the Invoice for your next Billing Cycle, but this will not be considered a late payment.
SIMO Support
3.4
If your issue with your PW Hotspot is beyond the scope of the support provided by Customer Care, you will be referred to a SIMO customer service representative ("SIMO Support").
You may call SIMO Support for service (available 24 hours a day), or email to receive a response within 24 hours.
3.5
SIMO Support can assist you with problems that are more technical in nature,
such as network issues and persistent connectivity issues, and may apply technologically advanced methods to resolve complex matters.
Resolving Customer Service Problems
3.6
If you have a complaint or feel that you have been treated unfairly, please contact Customer Care so that we may work together to find a resolution.
If we cannot resolve the matter, you have the right to seek assistance from the Commissioner for Complaints for Telecom-Television Services (the "
CCTS")
which is an independent agency with a mandate to resolve complaints of individual and small business customers regarding their broadcasting and telecommunications services, free of charge.
You can learn more about the CCTS by visiting its website at
www.ccts-cprst.ca, or calling 1-888-221-1687.
For more information about your rights as a wireless customer, you may consult the Canadian Radio-television and Telecommunications Commission's (
CRTC)
Wireless Code (the "
Wireless Code").
4.0
AFTER HOURS CUSTOMER CARE
4.1
If you are having trouble with your PW Hotspot outside of Business Hours, you may contact SIMO Support (available 24 hours a day) by:
Phone:
|
(855) SKY-ROAM (855-759-7626)
|
Email:
|
vipsupport@skyroam.com (response within 24 hours)
|
Online Chat
|
Chat icon on Solis WiFi's website homepage
|
4.2
If you contact SIMO Support, you will be asked to provide the following information in order to receive assistance:
(a)
Accountholder's name;
(b)
the service set identifier (SSID) on the bottom of your PW Hotspot; and
(c)
the serial number on the bottom of your PW Hotspot.
4.3
SIMO Support can only assist you with issues relating to the operation and use of your PW Hotspot.
It cannot assist you with billing, changes to your Account information, changes to your PW Data Plan, etc.
For this type of assistance, please contact Customer Care during Business Hours.
Purchasing a PW Hotspot
5.1
The PW Hotspot is the mobile WiFi hotspot device that you need to purchase to use in conjunction with an PW Data Plan of your choice.
A PW Hotspot can accommodate multiple devices (ex. mobile phones, tablets, laptop computers) at once.
For clarity, when we refer to a "PW Hotspot", we mean a Solis Lite, or any newer or replacement version created and provided by SIMO,
that is sold by UTILITYnet under this PWS Agreement, or through OurStore (see Part 6).
SIMO may have other WiFi hotspot devices, but not all such devices may be sold by UTILITYnet.
5.2
When you have completed the application process for the PW Products to enter into a Monthly PW Data Plan, and have been given an Activation Date, UTILITYnet will send you your PW Hotspot
via Canada Post (or any other delivery service contracting with UTILITYnet from time to time, as necessary).
Typical delivery time within Alberta is approximately 4-5 days, but UTILITYnet cannot control or guarantee the length of time it will take for delivery to your location.
Your cost for shipping will be the flat rate parcel fee charged by Canada Post (or other delivery service) on the date your PW Hotspot is shipped.
5.3
If you do not have an address to which parcels may be delivered or Canada Post will not deliver to your remote location, you may:
(a)
provide written authorization for your PW Hotspot to be delivered to an alternate address, and assume all risks and liabilities associated with this authorization;
(b)
request delivery to your local Canada Post outlet (Flex Delivery) and pick up your parcel there once it has arrived. To do this, you must provide us with the address of the Canada Post outlet; or
(c)
make arrangements with Customer Care to pick up your PW Hotspot at UTILITYnet's office in Calgary, during Business Hours.
Using Your Own PW Hotspot Device
5.4
If you already own a PW Hotspot, you can use it with an PW Data Plan by contacting Customer Care and providing us with the serial number located on the bottom of your PW Hotspot,
and if available, the International Mobile Equipment Identity number (IMEI) located on the box of your PW Hotspot.
5.5
If you already own a different SIMO hotspot device, such as a Solis X, you may use it with an PW Data Plan.
However, you may not have access to some features of that different SIMO hotspot device, such as a camera or smart assistant.
5.6
PW Data Plans are not compatible with any other brand of mobile WiFi hotspot device.
Monthly PW Data Plans
6.1
When we refer to a "Monthly PW Data Plan", we mean a Data Services plan with a cycle of approximately 30 calendar days (depending on which months are included in that particular cycle),
which may or may not start on the first day of a calendar month.
This period of about 30 days is what we refer to as a "Billing Cycle".
For example, your Billing Cycle may begin on the 15th day of each month and end on the 14th day of each month.
6.2
By signing up for one of our Monthly PW Data Plans, each calendar month you can use
high speed data ("High Speed Data") up to the maximum number of gigabytes provided in the plan you have chosen (5GB, 10GB, 15GB, or 20GB) (your "High Speed Data Limit").
If you exceed your High Speed Data Limit for the month, you can continue to use your PW Hotspot with an unlimited amount of data
at a reduced speed (512 kbps) until your High Speed Data Limit resets at the beginning of the next month.
Unused High Speed Data does not carry forward for use in the next month.
6.3
You may change to a different Monthly PW Data Plan by contacting Customer Care.
Your new Monthly PW Data Plan will start on the first day of the next month and your new payment amount will be calculated according to the rate for your new Monthly PW Data Plan, plus Goods and Services Tax ("GST"), for your next Billing Cycle.
There is no fee to change your Monthly PW Data Plan.
6.4
At any time, you may also temporarily increase your High Speed Data Limit for the remainder of a month, by contacting Customer Care.
The increase will be effective until the end of the month and revert back to your regular High Speed Data Limit on the first day of the next month.
For any month you change, your payment amount will be calculated at the rate of the Monthly PW Data Plan you have selected for that month (plus GST).
You will not be charged a fee to temporarily increase your High Speed Data Limit, only the cost difference between your current and temporary Monthly PW Data Plans.
The cost difference for the increase will be included on the Invoice for your next Billing Cycle.
Global One-Month PW Data Plans
6.5
If you do not need an ongoing Monthly PW Data Plan, you may purchase a Global One-Month PW Data Plan that will provide you with 5GB, 10GB, 15GB, or 20GB of
High Speed Data, depending on the plan you choose, followed by an unlimited amount of data at a
reduced speed, for a period of 30 days.
6.6
While you are using the PW Products, including a Global One-Month PW Data Plan, you are party to and bound by these Terms and Conditions,
to the full extent that they are applicable to your use.
For clarity, examples of terms that would not apply to the use of a Global One-Month PW Data Plan include, without limitation, those regarding monthly billing, credit checks, PAD payments, security deposits, etc.
6.7
A Global One-Month PW Data Plan may be purchased on UTILITYnet's OurStore website ("
OurStore") at
https://ourstore.ca/home.
You may purchase a Global One-Month PW Data Plan in advance and select a specific Activation Date, to ensure that your plan is available when you need it.
6.8
You can also purchase a PW Hotspot from OurStore for use with any Global One-Month PW Data Plan or a Monthly PW Data Plan.
You should purchase your PW Hotspot a minimum of 5 Business Days before your plan Activation Date, to ensure it arrives in time.
6.9
Regardless of whether you are buying a new PW Hotspot or using one you already own, you must have your PW Hotspot linked to your Global One-Month PW Data Plan
before you can use your PW Products.
To link your PW Hotspot to your Global One-Month PW Data Plan, email the serial number located on the bottom of your PW Hotspot to us at
info@ourstore.ca.
Be sure to use the email address that you used when you purchased your Global One-Month PW Data Plan from OurStore, so that we have the necessary information to link your plan and your PW Hotspot.
You may send an email at any time, but your PW Products can only be linked
during Business Hours.
6.10
Prices for all PW Products purchased from OurStore will be as listed on the OurStore website at the time of purchase, and will be subject to GST and shipping (if applicable).
Any purchase from OurStore is made subject to all OurStore policies and Terms and Conditions (located on the OurStore website), as may be amended from time to time.
7.1
The PW Products can be used anywhere in Alberta where cellular phone services are available. You can find a service coverage map for Alberta on your Marketer's website.
PW Products can also be used when you travel nationally and internationally, in a variety of cities and countries, at
no additional cost and with no roaming fees.
You may find out where service coverage is available outside of Alberta, on Solis WiFi's website.
A link to the service coverage map on Solis WiFi's website can be found on your Marketer's Frequently Asked Questions ("
FAQ") webpage.
UTILITYnet
does not guarantee that you will be able to use the PW Products at all times in all locations, even if a location is listed as having service coverage.
Your access to Data Services may also be limited by SIMO's
Fair Use Policy which states:
"FAIR USE POLICY: Our goal at SIMO is to provide high-speed internet access to our entire community of users, anywhere and anytime! To ensure we optimize our data network to provide the best speeds to the greatest number of customers worldwide, we practice an industry standard Fair Use Policy,
consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all.
To ensure you have uninterrupted high speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming and other online activities that consume large amounts of data."
7.2
In the event that Data Services must be temporarily interrupted for system repairs or upgrades by SIMO, we will provide you with 48 hours' notice, if possible.
In cases of emergency or unexpected outages, advance notice is not possible.
7.3
In this PWS Agreement you are agreeing that when you use the PW Products, you will only do so in accordance with UTILITYnet's Acceptable Use Policy ("AUP") which is located at the end of these Terms of Service, and forms a part of this PWS Agreement.
You also agree not to do anything listed in Section 4 (Use of Equipment) of SIMO’s Terms. Violations of UTILITYnet's AUP or Section 4 of SIMO's Terms may result in disconnection (Part 14) or suspension of your Monthly PW Data Plan, or cancellation of your Global One-Month PW Data Plan, and you will not receive a refund for your PW Products.
8.1
During the Term, you agree to pay UTILITYnet all of the amounts due and payable by you under this PWS Agreement, including GST, in full and on time.
8.2
On your first Invoice, you will be charged a one-time fee to purchase the PW Hotspot, plus GST and shipping costs.
You will pay for your Monthly PW Data Plan (plus GST) on an ongoing basis in advance, at the beginning of each Billing Cycle.
At the end of each Billing Cycle you will receive a billing notification by email that shows you the payment amount that will be deducted from your bank account for the next Billing Cycle.
You may view and download the corresponding Invoice by logging on to your online Account.
8.3
There are no roaming fees charged by UTILITYnet when you use PW Products in another Province or Country.
However, if your device (ex. phone, tablet) is not connected to the PW Hotspot, and you have another wireless plan for your device, your other wireless service provider may charge you roaming fees.
There are no data overage fees charged by UTILITYnet if you exceed the amount of High Speed Data allowed per month in your Monthly PW Data Plan.
There is no cancellation fee if the PWS Agreement is cancelled.
8.4
You will pay UTILITYnet using pre-authorized debit ("
PAD") payments which will be arranged during the application process.
By entering into this PWS Agreement you are providing authorization for PAD payments to be withdrawn from your bank account to pay your Invoices during the Term of this PWS Agreement. As such:
(a)
YOU HEREBY ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR EXPRESS AUTHORIZATION FOR THE BENEFIT OF UTILITYnet AND YOUR BANK,
TO PROCESS INVOICE PAYMENTS AND CREDITS AGAINST YOUR BANK ACCOUNT IN ACCORDANCE WITH THE RULES OF THE CANADIAN PAYMENTS ASSOCIATION;
(b)
YOU HEREBY WARRANT AND REPRESENT THAT THE DIGITAL SIGNATURE ON THIS PWS AGREEMENT ALSO ACTS AS A SIGNATURE TO AUTHORIZE YOUR PAD PAYMENTS;
(c)
YOU HEREBY AUTHORIZE YOUR BANK TO PROCESS PAD PAYMENTS FOR UTILITYnet AND TO WITHDRAW FROM OR DEPOSIT INTO YOUR ACCOUNT WITH THE BRANCH OF THE FINANCIAL INSTITUTION WHERE YOU MAINTAIN A BANK ACCOUNT;
(d)
in order to set up your PAD payments, you will need to provide a void cheque to UTILITYnet that sets out your name, current address, and bank account information.
If you do not have cheques, your bank can provide you with a pre-voided cheque to confirm your bank account information.
The name on your void cheque must match your name on the PW Sign-Up Form;
(e)
you acknowledge and agree that your bank is not required to verify that each PAD payment has been issued in accordance with the particulars of your authorization including, but not limited to, the amount of your Billing Cycle payment;
(f)
you acknowledge and agree that your bank is not required to verify that UTILITYnet has fulfilled its obligations under this PWS Agreement prior to issuing any PAD payment;
(g)
on your bank statement, your PAD payments will be identified as being made to UTILNET-[XXXX]-SM for any payments for PW Products,
your Monthly PW Data Plan, and any other amounts you are required to pay under this PWS Agreement;
(h)
UTILITYnet shall not assign this authorization, whether directly or indirectly, except if it sells its business, and only after providing you with 10 days’ written Notice.
Unless UTILITYnet sells its business, it will not share any of your banking information;
(i)
you agree to provide notice to UTILITYnet in writing of any change to your bank account information at least 10 days' prior to the next due date of your PAD payment,
or as soon as possible if a change is made within 10 days of the next due date;
(j)
you may revoke your PAD authorization at any time by providing UTILITYnet with notice at least 10 days prior to the next due date of your PAD payment.
If notice is not provided to UTILITYnet in time, one further payment may be withdrawn from your bank account;
(k)
revocation of this PAD payment authorization does not terminate any of the other terms of the PWS Agreement.
If you have an outstanding amount due and payable to UTILITYnet, you must provide UTILITYnet with another form of payment; and
(l)
you have certain recourse rights if any debit does not comply with this Section 8.4. For example,
you have the right to receive reimbursement for any PAD payment that is not authorized by or is not consistent with this Section or this PWS Agreement.
For more information on your recourse rights you may contact your bank or visit
www.cdnpay.ca.
9.0
CREDIT, SECURITY DEPOSITS, AND NONPAYMENT
9.1
To ensure that you qualify to enter into this PWS Agreement, UTILITYnet will conduct a credit check as part of the application process, and reserves the right to do so again at any time during the Term.
A Customer may be required to provide a security deposit of
$100.00 ("
Security Deposit") at the beginning of, or at any time during the Term if the Customer has:
(b)
a poor credit rating; or
(c)
failed to pay UTILITYnet when payment was due on 3 occasions, at any time during the Term.
9.2
If a Customer is required to provide a Security Deposit:
(a)
the Security Deposit will be deducted from the Customer's bank account as a PAD payment, as authorized in
Section 8.4 above:
(i)
before the Monthly PW Data Plan is activated and the Monthly PW Data Plan will not be activated until UTILITYnet has received the full Security Deposit; or
(ii)
5 days after UTILITYnet provides notice to a Customer that a Security Deposit is required, if the Term has already started.
(b)
it will be held in an interest bearing account and the Customer will receive an interest payment ("Interest Payment") when the Security Deposit is returned.
Interest will be calculated on the day the Interest Payment is made to the Customer, based upon the highest overnight rate of the Bank of Canada in the previous 12-month period, plus 1%;
(c)
UTILITYnet may use all or a portion of it to cover the amount owed by the Customer if the Customer defaults on any payment;
(d)
and UTILITYnet uses all or a portion of it to cover an amount owed by the Customer,
the Customer must promptly replenish the Security Deposit (to the full amount of $100.00) and failure to do this may result in cancellation of the PWS Agreement;
(e)
it will be returned to the Customer after the Customer has made payments on time for 12 consecutive Billing Cycles, without default, subject to any outstanding amount owed to UTILITYnet; and
(f)
it will be returned to the Customer, subject to any outstanding amount owed to UTILITYnet, if the PWS Agreement is cancelled.
9.3
If there is not enough money in your bank account and you default on a payment, you will be charged a non-sufficient funds ("NSF") fee of $45.00.
If the amount you owe to UTILITYnet remains unpaid for 30 calendar days, UTILITYnet may take steps to enforce its right to payment, including without limitation,
suspending or cancelling your Monthly PW Data Plan in accordance with the Wireless Code, and referring your Account to a collections agency.
If UTILITYnet must take enforcement steps to collect any amounts you owe under this PWS Agreement, you will be responsible for any costs we incur,
including without limitation, legal fees and expenses, collection agency fees or payments, and court costs.
10.0
LOST OR STOLEN PW HOTSPOT
10.1
If your PW Hotspot is lost or stolen, contact Customer Care immediately and we will temporarily suspend your Monthly PW Data Plan or Global One-Month PW Data Plan at no charge,
so that no one else can use your Data Services.
If you locate your PW Hotspot, contact Customer Care to restore your Data Services, at no charge.
10.2
If you remain unable to locate your PW Hotspot, you may contact Customer Care to purchase another one,
purchase a new PW Hotspot from OurStore (see Part 6 above), or you may cancel your Monthly PW Data Plan as set out in Part 13 below.
10.3
If your Monthly PW Data Plan or Global One-Month PW Data Plan is suspended as per Section 10.1,
and you do not contact Customer Care within 30 days to restore or cancel your Data Services, we will contact you to find out what you plan to do with your Account.
If we are unable to reach you, we will begin the Disconnection process set out in Part 14.
11.0
PW HOTSPOT WARRANTY, REPLACEMENT, AND RETURNS
Warranty
11.1
Your PW Hotspot is covered by a limited warranty ("
Warranty") that it and its enclosed cable will be free from defects in material and workmanship
for a period of
1 year that begins on your Activation Date. This Warranty only applies if:
(a)
you are the original purchaser of the PW Hotspot and your purchase was made from UTILITYnet in conjunction with your application for a Monthly PW Data Plan, or from UTILITYnet's OurStore website; and
(b)
the PW Hotspot has been used in accordance with UTILITYnet's AUP, Section 4 (Use of Equipment) of SIMO's Terms, in accordance with instructions provided, and with reasonable care.
11.2
The Warranty does not apply:
(a)
to defects or damages resulting from misuse, abnormal use, negligent use, improper storage, use in abnormal conditions, exposure to moisture or corrosive environments,
extreme temperatures, fire, rough handling, abuse, accident, alteration, incorrect voltage application, food or liquid spillage, acts of God, or normal wear and tear;
(b)
if the PW Hotspot has been opened, modified or repaired by you or a third party,
or if any part has been replaced with an unauthorized part (including the battery);
(c)
if the serial number has been removed, erased, defaced, altered, or is illegible in any way; or
(d)
if you did not purchase your PW Hotspot from UTILITYnet.
11.3
This limited Warranty is not transferable to any third party, including but not limited to, any subsequent purchaser or owner of the PW Hotspot.
11.4
If your PW Hotspot qualifies for Warranty coverage (at UTILITYnet's sole discretion), UTILITYnet will replace the device or issue you a refund, at your option.
Replacement
11.5
If your PW Hotspot is not working, please refer to the troubleshooting section of our FAQ on UTILITYnet's Portable WiFi webpage or your Marketer's website.
If you are not able to resolve the problem using our troubleshooting strategies, please contact Customer Care during Business Hours for assistance.
11.6
If your PW Hotspot is damaged or defective, you may make arrangements with Customer Care to receive a new one. If:
(a)
you received your PW Hotspot in damaged or defective condition or if the damage or defect is covered by Warranty, UTILITYnet will provide you with a new one free of charge.
Customer Care will provide you with a prepaid shipping label to return the damaged or defective PW Hotspot to UTILITYnet.
Once we receive confirmation that the device is on its way back to us, we will send you a new one.
In a case like this, during any period where you are unable to use your Monthly PW Data Plan or Global One-Month PW Data Plan,
your Data Services will be suspended until you have a functioning PW Hotspot; or
(b)
your PW Hotspot was damaged after you received it, by improper use, or by regular wear and tear and the damage or defect is not covered by Warranty,
you may order a new one through Customer Care, at your own expense,
or you may purchase one from OurStore (see Part 6 above).
Returns
11.7
If you purchased your PW Hotspot through UTILITYnet and wish to return it for any reason other than damage or defect,
you may do so by contacting Customer Care, and will receive a refund if you meet these requirements:
(a)
no more than 30 days have passed since you received your PW Hotspot;
(b)
you have not used the PW Hotspot;
(c)
you return it in its original packaging, with all of its original components (the device, cable, and documents), and in the same condition in which it was received; and
(d)
you cover all costs for packaging and return shipping.
11.8
If you have met the requirements listed above, once we have received your returned PW Hotspot, we will issue you a refund, less any amount you owe to UTILITYnet under this PWS Agreement, if applicable.
11.9
If you purchased your PW Hotspot from OurStore, the OurStore return policy and procedures on the OurStore website will apply.
12.0
CHANGES MADE TO THE PWS AGREEMENT BY UTILITYNET
12.1
UTILITYnet may change the terms of the PWS Agreement from time to time, including without limitation,
by adding or deleting terms and conditions, changing prices, introducing new products or services, or substituting or removing products or services.
12.2
Unless the changes benefit you (by providing you with a lower price or an increase in data at no charge), before making any changes to the PWS Agreement,
we will give you notice of at least 30 calendar days.
This will give you time to decide if you want to continue with this PWS Agreement with the revised terms, or cancel as set out in Part 13.
The notice will explain any changes we plan to make and tell you when the changes will take effect.
12.3
IF YOU DO NOT CANCEL, THEN YOU ARE AGREEING TO CONTINUE AS A PARTY TO THIS PWS AGREEMENT WITH UTILITYnet, WITH THE REVISED TERMS.
If you cancel after the changes take effect, this PWS Agreement, as revised,
will continue until the end of the Billing Cycle during which you cancel.
13.1
You may easily cancel your agreement with UTILITYnet by contacting Customer Care.
There is no cancellation fee, however, you must cancel a minimum of 5 days
before the first day of your next Billing Cycle to avoid being charged for an additional Billing Cycle.
Cancellation may be effective as of the date you cancel with Customer Care, however,
you will still be able to use your Monthly PW Data Plan until the last day of your Billing Cycle.
If you continue to use your Monthly PW Data Plan, then your PWS Agreement with UTILITYnet will terminate on the day after the last day you use your Monthly PW Data Plan.
13.2
Except in certain, limited circumstances, only an Accountholder may cancel this PWS Agreement and close a Customer's Account.
14.1
If you cancel your PWS Agreement a minimum of 5 days before the first day of your next Billing Cycle, your Monthly PW Data Plan will be disconnected on the last day of that Billing Cycle.
If you cancel within the last 5 days of your Billing Cycle, you will be billed for one more cycle, and your PW Data Plan will be disconnected on the last day of this additional Billing Cycle.
14.2
UTILITYnet may disconnect your PW Data Plan if:
(a)
you fail to pay your Invoice when it is due, and
(i)
your outstanding payment exceeds $50.00 and has been overdue for more than one month; or
(ii)
your outstanding payment is less than $50.00 and has been overdue for more than 2 months;
(b)
you fail to provide or maintain a Security Deposit;
(c)
you fail to comply with UTILITYnet's AUP or do anything prohibited by Section 4 (Use of Equipment) of SIMO's Terms; or
(d)
you otherwise breach the terms of this PWS Agreement.
14.3
If you have not cancelled your PWS Agreement and UTILITYnet intends to disconnect your Data Services ("
Disconnection") it will do so according to the requirements of the
Wireless Code and will:
(a)
provide you with a first notice, a minimum of 14 days before the Disconnection, which will tell you the reason for the Disconnection, any amount owing to UTILITYnet,
the date of the Disconnection, the amount you will need to pay to reconnect your Data Services, and will provide contact information for Customer Care to discuss the matter;
(b)
provide you with a second notice at least 24 hours before the Disconnection, unless:
(i)
we have unsuccessfully, repeatedly tried to contact you;
(ii)
the Disconnection is required to protect UTILITYnet's or SIMO’s network from harm; or
(iii)
we have reasonable suspicion that fraud is occurring or likely to occur; and
(c)
not complete the Disconnection if you pay the entire amount that you owe to UTILITYnet prior to the Disconnection date, including without limitation,
any amount owed for any PW Data Plan, NSF fees, costs for collection or legal fees, a Security Deposit, GST, or any other amount due and payable under this PWS Agreement.
15.0
UTILITYNET'S LIABILITY
15.1
UTILITYnet shall not be liable for:
(a)
any interruption or unavailability of Data Services or service coverage in Alberta or any other location;
(b)
any act or omission of any third party, including without limitation, any connecting carrier or
underlying carrier or other provider of connections, facilities or services required to provide you with Data Services, including SIMO ;
(c)
your conduct, acts, or omissions;
(d)
any event beyond the reasonable control of UTILITYnet including acts of God, inclement weather (including lightning), power failures,
labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
(e)
UTILITYnet's failure, for any reason, to activate your PW Data Plan on the Activation date you requested or provided to you by UTILITYnet; and
(f)
any damages you incur as a result of the operation or failure of any device, accessory,
or equipment owned or provided by the Customer, or other hardware, facilities, or wiring that you use with the PW Products.
16.0
LIMITATION OF LIABILITY
16.1
IN THE EVENT OF ANY BREACH BY UTILITYnet, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY UTILITYnet,
YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM UTILITYnet PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL
TO THE FEES PAID BY YOU TO UTILITYnet IN THE PAST THREE MONTHS FOR THE PW PRODUCTS.
16.2
UNDER NO CIRCUMSTANCES SHALL UTILITYnet BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS PWS AGREEMENT,
INCLUDING YOUR USE OF THE PW PRODUCTS, OR YOUR RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE, OR MATERIAL
VIEWED OR PROVIDED ON OR THROUGH USE OF THE PW PRODUCTS, OR THAT RESULT FROM NETWORK OUTAGES, POWER OUTAGES, MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, FAILURES OR DELAYS IN RECEPTION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE PW PRODUCTS.
16.3
UTILITYnet SHALL NOT BE LIABLE FOR, AND YOU SHALL INDEMNIFY AND SAVE UTILITYnet HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS, OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING:
(a)
CLAIMS FOR DEFAMATION, INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS,
OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL,
DATA, OR OTHER CONTENT ACCESSED OR TRANSMITTED USING THE PW PRODUCTS;
(b)
ANY LOSSES, DAMAGES, EXPENSES, OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM OR OTHER PROCEEDING,
BASED ON A CONTENTION THAT THE USE OF THE PW PRODUCTS BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY;
(c)
YOUR BREACH OF THE AUP, SIMO’S TERMS, OR OTHER APPLICABLE POLICIES; OR
(d)
CLAIMS BY THOSE TO WHOM YOU PROVIDE ACCESS TO THE PW PRODUCTS.
16.4
FOR THE PURPOSES OF THIS PART 16, ANY REFERENCE TO "UTILITYnet" SHALL INCLUDE UTILITYnet AND ITS MARKETERS, PARTNERS, RESELLERS,
PROVIDERS OR ASSOCIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS, AGENTS, SUCCESSORS, AND ASSIGNS.
17.0
VOIP SERVICE-SPECIFIC PROVISIONS
17.1
IF THE PW PRODUCTS WILL BE USED FOR VOICE-OVER-INTERNET-PROTOCOL ("VoIP")
SERVICE ("VoIP Service"), THIS SECTION APPLIES, AND CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 ACCESS.
PLEASE READ CAREFULLY.
17.2
VoIP Service allows a Customer to make or receive telephone calls over the Internet to or from the public switched
telephone network ("VoIP Calls"). While appearing similar to traditional telephone calling services,
the nature of VoIP Calls creates unique limitations and circumstances and the Customer acknowledges that differences exist between traditional telephone service and VoIP Service,
including the lack of traditional 911 services and privacy issues.
17.3
VoIP Calls require high speed Internet bandwidth, which will count towards the Customer's High Speed Data usage.
VoIP 911 Services
17.4
Because of the unique nature of VoIP Calls, emergency calls to 911 through VoIP Service (a "
VoIP 911 Call") will be handled differently from traditional phone service.
The following provisions describe the differences and limitations of VoIP 911 Calls:
(a)
Placing a VoIP 911 Call. When a VoIP 911 Call is made,
the VoIP Service will attempt to automatically route the VoIP 911 Call through a third-party service provider to the Public Safety Answering Point ("PSAP")
corresponding to the address on record for the Customer's Account.
However, due to the limitations of the VoIP system, the VoIP 911 Call may be routed to a different location from that which would be used for traditional 911 dialing.
For example, the Customer's call may be forwarded to a third-party, specialized call centre that handles emergency calls.
This call centre is different from the PSAP that would answer a traditional 911 call, and the Customer may be required to provide his or her name, address, and telephone number to the call centre.
(b)
How the Customer's Information is Provided.
The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator (a "Dispatcher") with the name,
address and telephone number associated with the Customer’s Account.
However, for technical reasons, the Dispatcher may not be able to capture or retain the Customer's name, phone number, or physical location.
Therefore, when making a VoIP 911 Call, you must immediately inform the Dispatcher of your location (or the location of the emergency, if different).
If the caller is unable to speak, the Dispatcher may not be able to locate the emergency.
(c)
Correctness of Information.
The Customer is responsible for providing, maintaining and updating correct contact information (including name, residential address, and telephone number) associated with the Customer's Account.
If the Customer does not correctly maintain or update this information, VoIP 911 Calls may be misdirected to an incorrect Dispatcher.
(d)
Disconnections.
The caller must not disconnect the VoIP 911 Call until told to do so by the Dispatcher,
as the Dispatcher may not have the Customer's telephone number or other contact information.
If the call is inadvertently disconnected, the caller must call back immediately.
(e)
Connection Time.
For technical reasons, including network congestion,
it is possible that a VoIP 911 Call will produce a busy signal or will take longer to connect compared to traditional 911 telephone calls.
(f)
911 Calls May Not Function. For technical reasons, the functionality of a VoIP 911 Call may cease or be curtailed in various circumstances, including:
(i)
Failure of Service or Service Access Device - if the device you are using to access your Data Services,
such a mobile phone ("Service Access Device") fails, or is not configured correctly,
or if the Customer’s VoIP Service is not functioning for any reason, including in the event of a power outage, VoIP Service outage,
suspension or Disconnection of the Customer’s Data Services for any reason, network or Internet congestion or outage,
your VoIP 911 Call may fail. In the event of a power, network, or Internet outage, the Customer may need to reset or reconfigure the Service Access Device
before being able to use the VoIP Service again, including for a VoIP 911 Call;
(ii)
Changing Location of Service Access Device – if the Customer moves the Customer's Service Access Device to a
location other than that described in the Customer's Account information or otherwise on record with UTILITYnet; or
(iii)
Use outside of Canada or the United States – if the Customer moves the Customer's System Access Device
to a location other than one located in the USA or Canada (excluding Alaska, Hawaii, the Northwest Territories, Yukon, and Nunavut).
17.5
IF THE CUSTOMER IS NOT COMFORTABLE WITH THE LIMITATIONS OF VoIP 911 CALLS,
THE CUSTOMER SHOULD USE ALTERNATE MEANS FOR ACCESSING TRADITIONAL 911 SERVICES AND NOT RELY ON THE PW PRODUCTS FOR EMERGENCY CALLS.
17.6
The Customer is responsible for notifying and agrees to notify, any user of the Customer's VoIP Service,
of the nature and limitations of VoIP 911 Calls on the VoIP Service as described herein.
17.7
The Customer acknowledges that UTILITYnet will not be liable for any service outage or inability to place VoIP 911 Calls
using the VoIP Service or to access emergency service personnel due to the limitations of VoIP 911 Calls described herein.
Other Specific Types of VoIP Calls
17.8
VoIP Calls to certain special service phone numbers, including 900- and 976- numbers,
may be limited and UTILITYnet reserves the right to limit the Customer's ability to call any such number, at its sole discretion.
17.9
The Customer is prohibited from using any VoIP Service for:
(a)
automatic-dialing announcing devices and unsolicited voice and
facsimile calls made for the purpose of solicitation; and
(b)
any application with continuous or excessive calling patterns for telemarketing
(including charitable and political solicitation and polling), fax broadcasting, or fax blasting.
VoIP Privacy
17.10
The Customer acknowledges that VoIP Calls and VoIP Service utilize, in whole or in part,
the public Internet and third-party networks to transmit voice and other communications, which transmissions may be intercepted by other parties.
18.1
BY ENTERING INTO THIS PWS AGREEMENT AND USING THE PW PRODUCTS, YOU CONFIRM THAT YOU, AS THE CUSTOMER (ACCOUNTHOLDER) ARE AT LEAST 18 YEARS OLD,
AND THAT YOU GIVE EXPRESS CONSENT FOR USE OF THE PW PRODUCTS BY ANY MINORS WITH ACCESS TO YOUR PW HOTSPOT AND PW DATA PLAN.
UTILITYnet does not provide any warranties of any kind with respect to content from the Internet or any other source that you or anyone you permit to use the PW Products may access through them.
You acknowledge that there may be programming content or other content accessed through the
PW Products that you may find offensive or inappropriate, and you agree that your viewing or use of such content is at your own risk.
Some programming or content may not be suitable for minors and you agree to supervise all minors whom you permit to view any programming or access any content from the Internet or any other source,
through the PW Products.
18.2
UTILITYnet makes no warranties of any kind regarding:
(a)
compatibility or any other warranties of any kind with respect to any mobile telephone,
laptop computer, tablet, or other device used in conjunction with the PW Products;
(b)
uninterrupted use of PW Products, availability of Data Services, or service coverage in any location,
and will not apply any rebate for Data Service interruptions or unavailability;
(c)
the ability of your PW Hotspot to update firmware as it may be released by SIMO from time to time;
(d)
your ability to contact Customer Care during Business Hours from any location; or
(e)
the battery life of the PW Hotspot, the security of the connection,
or security of transactions completed, when using the PW Products.
18.3
UTILITYnet DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN AN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME,
OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE USING THE PW PRODUCTS IS FREE OF DEFECT, ERROR, OR VIRUSES. UTILITYnet DOES NOT WARRANT THE CONTENT,
INCLUDING WITHOUT LIMITATION, CONTENT OF ANY PROGRAMMING OR ADVERTISING THAT IS ACCESSIBLE USING THE PW PRODUCTS. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE,
INFORMATION, PROGRAMMING, ADVERTISING, CONTENT, OR SERVICE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED.
19.0
CONFIDENTIALITY AND PRIVACY
19.1
By entering into this PWS Agreement, you also agree to UTILITYnet's
Privacy Policy which can be reviewed on UTILITYnet's Portable WiFi webpage or your Marketer's website.
19.2
Subject at all times to its Privacy Policy, UTILITYnet may disclose any information as is necessary to:
(a)
satisfy any legal or regulatory requirement or governmental request;
(b)
obtain, deliver, operate, service, and market the PW Products; or
(c)
protect UTILITYnet, its Marketers, partners, affiliates, or its customers.
20.1
This PWS Agreement is governed according the laws of the Province of Alberta.
The parties to this PWS Agreement attorn to the jurisdiction of the courts of Alberta.
20.2
This PWS Agreement shall enure to the benefit of and shall be binding upon the successors, permitted assigns, heirs, executors,
and personal and legal representatives of the parties. For the purpose of UTILITYnet,
the PWS Agreement shall benefit any party that controls, is controlled by, or is under common control with UTILITYnet.
20.3
You may not assign, resell, or transfer an PW Data Plan or the PWS Agreement to any person or entity without prior written consent from UTILITYnet,
which UTILITYnet may withhold at its discretion.
20.4
UTILITYnet does not grant you any right to use UTILITYnet's or SIMO’s logos, trademarks or trade names in any manner unless
UTILITYnet or SIMO (as applicable) give you prior written consent or grant you an appropriate license to use.
20.5
The failure of either party to insist upon strict interpretation of the terms of the PWS Agreement or to exercise any options set out in this PWS Agreement,
shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect.
No waiver by either party of any breach shall be effective unless expressed in writing.
20.6
Should any provision of this PWS Agreement be illegal or unenforceable for any reason whatsoever,
it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding as though such inoperative provision had not been included.
20.7
Upon termination of this PWS Agreement, all accrued obligations or liabilities and provisions which by their nature are intended
to continue beyond such termination, will remain in effect.
Without limiting the generality of the foregoing, the terms of UTILITYnet’s AUP applicable to the PW Products shall survive the expiration or earlier termination of the PWS Agreement,
and any obligations relating to fees, charges, penalties, or amounts otherwise owed by you to UTILITYnet pursuant to this PWS Agreement will survive any expiration or cancellation of the PWS Agreement.
20.8
These Terms of Service, combined with our PW Sign-Up Form, our AUP, our Privacy Policy, and any other documentation referenced herein,
collectively form the PWS Agreement, and represent the entire agreement between you and UTILITYnet.
The PWS Agreement supersedes any prior agreements, representations, or warranties, made by or among UTILITYnet, a Marketer, and you.
ACCEPTABLE USE POLICY FOR PORTABLE WIFI PRODUCTS ("AUP")
1.1
Use of the Portable WiFi Products ("PW Products") for any activity that violates any local, Provincial, Federal,
or international law, order, or regulation, is a violation of this AUP and your PWS Agreement.
1.2
Prohibited activities include, but are not limited to:
(a)
posting, storing, transmitting, or disseminating unlawful material, including without limitation, child or other pornography, or any content,
data, or other material which is libelous, obscene, hateful, unlawful, threatening, offensive, defamatory, discriminatory (based upon gender,
age, sexual orientation, religion, ethnicity, race, national origin, disability, or any other characteristic),
or which in any way constitutes or encourages conduct that would constitute, a criminal offense;
(b)
disseminating material which violates copyright or intellectual property rights.
The Customer assumes all risk regarding whether material is in the public domain;
(c)
pyramid or other illegal soliciting schemes; or
(d)
fraudulent activities, including but not limited to, impersonating any person or entity,
using another person's personal information as your own, or forging anyone's digital or manual signature.
2.1
You are responsible for any misuse of the PW Products associated with your Account, even activities committed by any friend,
family member, co-worker, employee, guest, or anyone else with access to your Account or the PW Products.
You must ensure that others not gain unauthorized access to your Account or the PW Products.
2.2
The PW Products may not be used to breach the security of another user, or to attempt access to anyone's computer,
software, or data, without the knowledge and consent of that person.
The PW Products may not be used in any attempt to circumvent the user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended for you, logging into or making use of a
server or account you are not expressly authorized to access, and probing the security of other networks.
Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools is strictly prohibited.
2.3
You may not interfere with or circumvent any security features of the PW Products, of UTILITYnet, or of a Marketer, or attempt to do so.
2.4
The PW Products may not be used to disrupt or interfere with computer networking or telecommunications services to any user, host,
or network, including without limitation, denial of service attacks, flooding of a network, overloading a service,
improper seizing and abuse of operator privileges, and attempts to crash a host.
The transmission or dissemination of any information or software which contains a virus, worm, or other harmful feature is also strictly prohibited.
2.5
YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE PW PRODUCTS, INCLUDING WITHOUT LIMITATION,
DATA STORED ON THAT DEVICE. In particular, UTILITYnet recommends that you disable file sharing of any
kind and that any files or services you make available for remote access be password protected.
3.1
UTILITYnet is not responsible for any content you post, store, transmit, disseminate, or access through use of the PW Products.
Any content questions or complaints you may have regarding content you access should be addressed to the content provider.
3.2
The Customer acknowledges that the PW Products provide access to content, information, and materials that are uncensored. UTILITYnet makes no representation, express or implied, about such content, information, or material.
The Customer acknowledges that some of the content, information, and material that is available using the PW Products and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. T
he Customer further acknowledges and agrees that all those who use the Account, or the PW Products are exclusively responsible for determining the accuracy, suitability, harmfulness,
or legality of any content, information, or material received, transmitted, or sent using the PW Products.
3.3
Without limiting the foregoing, UTILITYnet recommends the following for parents or guardians of minors who may be using the PW Products and for whom they are providing consent by allowing such use:
(a)
advise each minor to never divulge personal information such as his or her name, phone number,
or address over the Internet or using the PW Products, and to never organize meetings with other users of the Internet without the Customer's strict supervision;
(b)
engage parental controls available on any device being used with the PW Products, by a minor; and
(c)
supervise the use of the PW Products by minors and require that they inform the Customer as to the materials and information that they access.
3.4
You are responsible for information published to the Web or other Internet services, using your Account and PW Products.
UTILITYnet reserves the right to disconnect any PW Data Plan or cancel any Global One-Month PW Data Plan if it is
discovered that such plan is being used for posting or otherwise disseminating any information or material that it,
in its sole discretion, deems to be, in whole or in part, offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.
3.5
UTILITYnet has no obligation to monitor transmissions made through the PW Products.
However, UTILITYnet has the right to monitor such transmissions and to disclose the same in accordance with
UTILITYnet's Privacy Policy, and as may be required by law.
3.6
By using the PW Products to publish, transmit, or distribute content, a user is warranting that the content complies with the PWS Agreement,
and licenses and authorizes UTILITYnet to reproduce, publish, distribute,
and display such content worldwide as may be necessary for the Customer to use the PW Products.
4
Usage Limitations and Restrictions
4.1
The use of any of the PW Products requires a valid user Account. Regardless of whether the actual user of the PW Products is the Accountholder,
use of any of the PW Products shall at all times be governed by the PWS Agreement.
The Accountholder shall be responsible for the actions of any user of the PW Products associated with his or her Account.
4.2
As the Accountholder, the Customer is responsible for the security of all passwords related to it,
and the maintenance, confidentiality, and security of the Account.
4.3
The Customer is solely responsible and liable for any and all activities that occur under the Customer's Account,
including all activities of any Authorized User and persons who gain access to the Customer's Account,
whether with or without the Customer's permission, unless the Customer has promptly notified UTILITYnet of the unauthorized use,
and taken all reasonable steps in conjunction with UTILITYnet, to prevent further unauthorized use.
4.4
To that end, the Customer agrees to immediately notify UTILITYnet of:
(a)
any unauthorized use of the Customer's Account, any unauthorized Data Services provided to a third party through the Customer's Account,
or any misappropriation of the password associated with the Customer's Account; or
(b)
any other breach of security with respect to the Customer's Account or any PW Products associated with it.
4.5
The Customer further agrees to provide assistance to UTILITYnet, as may be requested,
to stop or remedy any such breach of security related to the Customer's Account.
4.6
You must ensure that your activity while using the PW Products does not improperly restrict, inhibit, or degrade any other customer's use of the PW Products, nor represent
(in the sole judgment of UTILITYnet) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs,
serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.
4.7
You may not charge a fee to any third party to use the Data Services through the PW Products, with a view towards making a profit.
4.8
The PW Products may not be used to send unsolicited bulk or commercial messages.
This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious messages.
PW Products are not intended to be used for distributing bulk or commercial messages.
4.9
The PW Products may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services.
Doing so violates the PWS Agreement and may also violate the acceptable use policies of other Internet service providers.
Moreover, unsolicited email may not direct the recipient to any website or other resource which uses the PW Products.
4.10
Mail bombing is prohibited. You may not send numerous copies of the same or a substantially similar message,
nor may you send very large messages or files to a recipient, with the intent to disrupt a server or account.
The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.
4.11
You may not:
(a)
make repairs or modifications to, or otherwise alter the PW Hotspot (including using an unauthorized battery);
(b)
remove or alter any certification markers affixed to the PW Hotspot; or
(c)
attempt to decompile, disassemble, reverse engineer, and/or replicate the PW Hotspot.
5.1
Doing any of the foregoing may result in voiding your Warranty, cancellation of the PWS Agreement,
and the Disconnection of your Data Services, as well as any legal action that UTILITYnet or SIMO may choose to initiate.