Terms and conditions
READ CAREFULLY. THESE TERMS AND CONDITIONS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.
The Bell Mobility Hotspot Internet service is an Internet access service provided by Bell Mobility, Inc. (“Bell Mobility”) which provides you with access to the Internet via a wireless access points (each a “Hotspot”) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi” (the “Service”). These “Terms and Conditions” between you and Bell Mobility set out duties and responsibilities associated with use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, “you” means you and every person you authorize to use the Service. By accessing the Service, you agree to the terms and conditions contained in these Terms and Conditions. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. Bell Mobility may modify these Terms and Conditions at any time without your consent or authorization, including modification of prices or modification or termination of the Service, or any components thereof. Bell Mobility will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Login” or “Intercept” page that is presented to you when you first access the Service from a “Hotspot”. You agree to periodically review the then-current Terms and Conditions in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.
You agree to indemnify and hold Bell Mobility, its affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to Bell Mobility’s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.
3. Fees and Charges
Bell Mobility reserves the right to alter its fees and rates, from time to time. Your use of the Service after being presented with such amended fees constitutes your agreement to pay all such fees and charges, including applicable taxes. To the extent that any fees apply to the Services, you will be billed in advance for the Service.
4. Service Availability
The Service is only available where Hotspot facilities exist. Bell Mobility assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular due to changes in the location and configuration of Hotspots.
5. Performance Levels
Bell Mobility does not guarantee the performance of the Service . You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Services receive reasonable access to the Services.
6. Security and Privacy
Bell Mobility will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service. Bell Mobility does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and Bell Mobility, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).
7. Service Bandwidth Resale or Redistribution Prohibited
Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.
8. IP Address / Host Name
Any IP address assigned to you by Bell Mobility is the property of Bell Mobility at all times. IP addresses may change each time you access at Hotspot, or any time at the discretion of Bell Mobility without prior notice to you. Bell Mobility assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.
9. User Information
Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Bell Mobility has no obligation to monitor the Service. However, you agree that Bell Mobility reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.
10. No Liability for Content
Be aware that some content, products or services (“Content”) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither Bell Mobility nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Bell Mobility and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.
11. Limited Warranty
The Service is provided by Bell Mobility on an “as is” and “as available” without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Bell Mobility (“Third Party Equipment and Services”). Bell Mobility disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither Bell Mobility, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. YOUR SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
12. Limitation of Liability
In the event of any breach by Bell Mobility, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall Bell Mobility, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.
13. User Suspension
These Terms and Conditions may be terminated by you by ceasing to utilize the Services. Bell Mobility may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including the Service, at any time if: (i) the operations or efficiency of the Service is impaired by the use of the Service; (ii) you have breached of any term or condition of these Terms and Conditions. Bell Mobility shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.
These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between Bell Mobility and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Bell Mobility to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Bell Mobility may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall Bell Mobility be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of Bell Mobility, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.