Terms & Conditions

All Communications Network of Canada Co. (ACN Canada)
Terms and Conditions for High Speed Internet Service

Thank you for selecting All Communications Network of Canada Co. (“ACN Canada”) as your High Speed Internet Service provider. This High Speed Internet Service Agreement (“Agreement”) contains the terms and conditions of ACN Canada’s services, defined below and governs the relationship between you and ACN Canada. Your Agreement with ACN Canada consists of this High Speed Internet Service Agreement, information contained on ACN Canada’s website, and the current terms of service, promotion, and/or authorized written communication you have received from ACN Canada.

This Agreement with ACN Canada explains, among other things, the following:

BY ENROLLING IN, USING, OR PAYING FOR ACN CANADA’S SERVICES, YOU AGREE TO THE RATES, CHARGES, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN DO NOT USE ACN CANADA’S SERVICES, AND IMMEDIATELY CONTACT ACN CUSTOMER SERVICE. ACN CANADA WILL TERMINATE YOUR ABILITY TO USE THE HIGH SPEED INTERNET SERVICE; IT IS YOUR RESPONSIBILITY TO MAKE ARRANGEMENTS TO SWITCH TO A NEW TELECOMMUNICATIONS PROVIDER FOR CONTINUED TELECOMMUNICATIONS SERVICE.

For purposes of this Agreement, the terms “service” or “services” mean: ACN Canada’s High Speed Internet service. The services covered in this Agreement are subject to billing availability and may not be available in all locations. For purposes of this Agreement, “you” means the customer or subscriber, defined as either (i) the person identified in ACN Canada’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s). ACN Canada will assume that any person able to provide your name, address, password, and/or other information that is not publicly available, is authorized by you to receive information about, and make changes to your account, including adding new services.

1. CUSTOMER RESPONSIBILITIES

A. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use ACN Canada’s services for any unlawful purpose.

B. You are responsible for payment of all charges for services furnished to you by ACN Canada including but not limited to: the activation fee, monthly service charges and rental fees that you may incur.

You agree to pay all applicable rates and charges for such services, which includes rates and charges for monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of the use of your High Speed Internet Service.

C. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to ACN Canada’s satisfaction, that you are exempt, taxes and surcharges will be assessed in the amounts that federal, provincial or local authorities require ACN Canada to bill you.

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2. CUSTOMER RIGHTS

For Ontario:
Your Rights Under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for canceling during this 10-day period. If the supplier does not make delivery within thirty (30) days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within thirty (30) days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.

To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the provincial government or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier.

For Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan:
BUYER’S RIGHT TO CANCEL
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within thirty (30) days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after thirty (30) days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.

To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery.

IMPORTANT INFORMATION
PLEASE NOTE:If you decide to cancel your service with ACN Canada, you should make arrangements to switch your service to your chosen service provider. Failure to do so could result in an interruption to your service.

ADDRESS FOR SERVICE
P.O. Box 1747, Station B, Montreal, QC H3B 3L3

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3. SERVICE

High Speed Internet Service is comprised of Internet access (accompanied by certain related services such as electronic mailboxes and Web space) and certain basic telephone assistance. The Guide sets forth in more detail the various service offerings and features available under the High Speed Internet Service. ACN Canada may extend from time to time certain promotional offerings and Customer understands it must sign a promotion addendum to this Agreement in order to be eligible for such promotional offerings.

Service will generally be completed by Customer’s own installation and completion of certain connections, including the appropriate modem. Any equipment provided to the Customer in connection with the High Speed Internet Service may have been previously used but will have been certified by the supplier as being equivalent in function and appearance to new units, and will be deemed accepted by Customer upon delivery.

In some circumstances, professional, on-site installation will be required for High Speed Internet Service. Such examples include:

1. You have a security or health monitoring alarm connected directly into your phone line.

2. You have more than five devices connected to your phone line. ACN Canada does not have the capability to perform professional installation.

In such circumstances, we recommend that you not use ACN High Speed Internet services.

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4. AVAILABILITY

The High Speed Internet Service is available only to ACN Canada customers who are also purchasing ACN Canada Local and Long Distance service. Availability of High Speed Internet Service is subject to various technical, geographic and “speed” (data transfer rate) restrictions. The High Speed Internet Service is available only to residential customers. While the High Speed Internet Service works with all major PC operating systems, there are differing technical adjustments and preparations that a Customer may need to make to his system in order to fully utilize the High Speed Internet Service. These technical modifications are discussed in more detail in the Installation Guide and those materials delivered to each High Speed Internet Service Customer. In some cases, the Customer’s premises may not be able to attain the Customer’s requested data transfer rates and in such cases, the Customer will be provided the option of discontinuing the High Speed Internet Service.

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5. RATES

A. ACN Canada may change the rates, charges, terms and conditions of your service every thirty (30) days with thirty (30) days advance notice, as set forth in this Agreement and as posted on www.acncanada.ca or communicated via bill message or bill insert. ACN Canada also reserves the right to discontinue certain services.

Any such changes will be posted on ACN Canada’s website or communicated via bill message or bill insert prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. ACN Canada may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after ACN Canada notifies you thirty (30) days in advance of the change in a manner described above. ACN Canada will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law.

B. If you continue to subscribe to, use or pay for ACN Canada’s services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use, as allowed by law.

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6. CREDIT AND DEPOSIT INFORMATION

You give ACN Canada permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that ACN Canada may provide you with telecommunication services. If your telecommunications payment history is not acceptable or is unknown or indeterminable to ACN Canada, ACN Canada may require you to provide some form of security to obtain its services. Security may be provided in the form of an Automatic Bill Payment (ABP), where a customer provides ACN Canada written authorization to directly debit a credit card or chequing or savings account for charges incurred. Other forms of security may be accepted at ACN Canada’s sole discretion. ACN Canada determines security requirements based on the following criteria:

New Applicants –If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant’s name, or a credit review reasonably determines that applicant represents a credit risk a form of security may be required.

Existing Customers –An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for nonpayment once within a twelve month period.

Applicants for and users of ACN Canada service(s) may be subject to credit review, as allowed by law. By requesting that service be initiated or using the service, you authorize ACN Canada to check credit scores, and to request from consumer reporting agencies information regarding employment, credit history, past addresses, and in the event it becomes necessary, to recheck such information. If you believe that ACN Canada has reported inaccurate information to a consumer reporting agency, you may send us a written notice describing the specific inaccuracy. Depending upon the results of the investigation, ACN Canada may/or may not request that said alleged inaccurate information be removed from your credit history.

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7. BILLING INFORMATION

A. Charges will accrue through a full billing period, which will be approximately one month.

B. You will be charged up to a $20.00 returned cheque charge on all cheques issued to ACN Canada which are returned by your bank for non-sufficient funds. If the law of the province in which you receive service requires a different fee, ACN Canada will charge you that amount. Cheques returned by your bank will be charged electronically to your chequing account through the ACH Network for the face value of the cheque and are subject to the additional returned cheque charge that will also be charged electronically to your chequing account. At ACN Canada’s sole discretion, the returned cheque charge may be waived under appropriate circumstances (e.g. a bank error).

C. Any objections to billed charges must be reported to ACN Canada or its billing agent within twenty (20) days of the closing date printed on your billing invoice. Adjustments to your account shall be made to the extents that circumstances exist which reasonably indicate that such changes are appropriate.

D. A Late Payment Fee of up to 1.5% per month, 18% annually, will be charged on any past due balance. If the law of the province in which you receive service requires a different fee, ACN Canada will charge you that amount.

E. If ACN Canada hires a collection agency to collect, or attempt to collect, any charges owed ACN Canada, you may be liable to ACN Canada for an additional payment to recover additional administrative costs, where permitted by applicable law. If ACN Canada incurs any fees or expenses, including legal fees, in collecting, or attempting to collect, any charges owed ACN Canada, you will be liable to ACN Canada for the payment of all such fees and expenses reasonably incurred.

F. You must notify ACN Canada of any change in your invoicing address, or if applicable, in the credit card or chequing or savings account used for payment, by calling or writing to ACN Customer Service. Please include your account number with any correspondence.

G. ACN Canada Billing adjustments policy: If it is determined that you were overcharged for services, appropriate credits shall be posted to your account. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be disconnected if you fail to pay charges arising from the under billing.

H. Complaint and dispute resolution: If you have questions or concerns about your bill from ACN Canada, please call ACN Customer Service. ACN Canada will not disconnect your service for failure to pay any disputed charges until we determine that the charges are accurate. If you file a complaint with the Canadian Radio-television and Telecommunications Commission (“CRTC”) about your bill, we will not suspend or disconnect basic local telecommunications service for non-payment of the disputed charge until a decision is rendered by the CRTC. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.

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8. ORDERING AND COMMENCEMENT OF SERVICE

The provisioning of High Speed Internet Service will require actions on the part of both ACN Canada and the Customer. The timing and completion of such provisioning will be carried out on a commercially reasonable basis.

High Speed Internet Service will be deemed to have commenced and billing will begin upon the earlier to occur of the following: (a) when ACN Canada can verify that the Customer’s circuit passes traffic or (b) (i) ACN Canada has provisioned the network elements under its control, and (ii) at least five (5) days have elapsed since ACN Canada has confirmed with the Local Exchange Carrier the set up of the Customer’s telephone circuit is capable of carrying line shared data services. Provided, that, if a Customer subscribes to the High Speed Internet Service along with its initial purchase of ACN Canada Local and/or Long Distance services, then the High Speed Internet Service will not be effective until the ACN Canada Local and/or Long Distance service has commenced.

All orders requiring non-standard service are subject to acceptance by ACN Canada. If Customer requests changes to the original order or has special requirements not communicated to ACN Canada at the time of the original order and such changes or special requirements affect ACN Canada’s ability to meet its obligations under the original order, or require special invoicing or documentation support beyond standard ACN Canada practices, then prices or the commencement date for High Speed Internet Service as specified by ACN Canada with respect to the original order shall be subject to change.

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9. TERM AND CANCELLATION OF SERVICE

A. The term of this agreement is 24 months. Should you cancel before the end of this term, you will be responsible to pay a termination fee of $99.99 in Québec, $79.95 in Ontario, along with any other amounts that are currently outstanding.

B. You may cancel any or all services provided by ACN Canada by contacting ACN Customer Service verbally or in writing at any time. ACN Canada will hold you responsible for payment of all charges, including fixed fees, surcharges and other charges, which accrue up to the cancellation date, in addition to applicable termination charges. There will be no proration for services rendered in the last month of your service and you are therefore responsible for all the fees incurred during your regular bill cycle.

C. Upon five (5) days written notice to you, ACN Canada may terminate your service for: (i) non-payment of undisputed charges, including late fees and other charges; (ii) non-compliance with or violation of any provincial, municipal, or Federal law, ordinance or regulation pertaining to telephone service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement. ACN Canada shall not incur any liability for damages due to your loss of telephone service and in no circumstances shall ACN Canada be liable for indirect, special, incidental, consequential, exemplary, punitive loss or damage of any kind, or for lost profits or revenues.

D. If your service is cancelled or suspended for any reason, you are still responsible for all outstanding charges for that service, including payment of any bills that remain outstanding after the date of cancellation or suspension. In the event that ACN Canada incurs any fees or expenses, including legal fees, collecting or attempting to collect, any charges owed to ACN Canada, ACN Canada may collect from you all such fees and expenses reasonably incurred, including a Late Payment Fee of 1.5% monthly, 18% annually, on the unpaid charges.

E. ACN Canada reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.

F. ACN Canada may disconnect services for non-payment or failure to maintain required security. ACN Canada may require reactivation charges to reestablish service after suspension or disconnection. Upon disconnection, you are responsible for paying all amounts and charges that you owe.

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10. SUBCONTRACTING

ACN Canada may subcontract all or part of the performance of the High Speed Internet Service to third parties. In such event, the third party contractor may be the person to contact the Customer with regards to the scheduling and the nature of any installation or other work to be performed and shall carry out the work on behalf of ACN Canada.

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11. DISCONTINUANCE OF SERVICE BY ACN CANADA

ACN Canada may refuse or discontinue your High Speed Internet Service without prior notice: (i) in the event you, or any authorized or unauthorized users, use the High Speed Internet Service in such a manner as to adversely affect ACN Canada’s services to others; (ii) in the event of tampering with the services of ACN Canada; (iii) in the event of fraudulent use of service (ACN Canada may, before restoring service discontinued for fraudulent use, require Customer to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use) and (iv) by reason of an order or decision of a court or other government authority having jurisdiction that prohibits ACN Canada from furnishing such services.

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12. PRIVACY POLICY

Overview
All Communication Network of Canada Co. is committed to protecting the privacy of our customer information. We fully support the spirit and intent of Canada’s privacy legislation - The Personal Information Protection and Electronic Documents Act (PIPEDA). Although ACN Canada has always had information protection policies and procedures in place, the purpose of this document is to provide our customers with information on our current policies and procedures. In particular, this document will provide information about ACN Canada’s policy relating to the collection, use and disclosure of personal information and of our customer’s right to limit such collection, use or disclosure. Personal information is any information that is identifiable about you, that may include information such as, but not limited to, your name, mailing or e-mail addresses, phone numbers, identification numbers, credit card numbers, and banking information. All personal information relating to our customers is maintained in strict confidence by ACN Canada and is not sold to third parties.

You may have questions as you read this document. For further information about ACN Canada or the protection of personal information, please contact ACN Canada’s Privacy Officer at ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226. Our privacy policies and procedures are subject to change. For the most recent version of this Privacy Policy, please check our website: www.acncanada.ca

Accountability
ACN Canada has appointed its Privacy Officer as the person who will be primarily responsible for ACN Canada’s policies and procedures governing the protection of personal information. Our Privacy Officer may be reached at: ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226.

Identifying Purposes
ACN Canada collects personal information for a variety of purposes including processing your request for services from ACN Canada. Personal information is used to verify, process and administer your product and service requests, assess credit-worthiness, maintain our commercial relationship with you, and analyze, understand and respond to your service needs. ACN Canada also analyses and uses customer information to better improve the products that we offer to our Customers. We analyze personal information relating to you in order to identify the products and services offered by our affiliates or ourselves or by companies that we believe may be of interest to you and to offer you those products and services. Where a third party or an affiliate of ACN Canada has a product or service that may be of interest to you, we will forward information relating to any such product or service to you, unless you inform us otherwise, i.e. when you withdraw your consent to receive such information.

Personal information is also used in order to communicate with you, for billing and provisioning purposes, and to enable ACN Canada to accurately report back to the credit bureaus. Generally, these purposes will be disclosed to you before your personal information is collected, e.g. on the Letter of Authorization (LOA) form. ACN Canada does not sell, rent or lease personal information to third parties.

From time to time, ACN Canada may outsource certain account processing, or other customer service functions to an affiliated company or a third party. In such cases, personal information will be provided to such affiliate or third party. However, ACN Canada releases personal information only where that information will be maintained in confidence, based upon strict nondisclosure agreements with the third party. In the event that an affiliate or third party is located in the United States, your information may be processed and stored in the United States and as such, your information may be obtained by the governments, courts or law enforcement or regulatory agencies of the United States according to the federal and state laws of the United States.

From time to time, ACN Canada is also required to report to regulatory bodies or to present a summary of all our customer information, including your personal information, in statistical or analytical form to governmental authorities and industry organizations. When information is provided in statistical or analytical form, this means that information that might specifically identify you will not be disclosed. Instead, your information will be compiled into aggregate (i.e. group) form such that the user cannot identify or extract out your personal information.

As you know, ACN Canada offers its products and services through a network of Independent Representatives to whom you may have already given personal information. ACN Canada Independent Representatives are bound to observe the confidentiality of your personal information and have agreed to comply with ACN’s privacy policy. Our Independent Representatives are also provided with information relating to your use of ACN Canada products and services in connection with the commissions they receive on customer usage of ACN Canada products and services.

Consent
The knowledge and consent of a customer is required for the collection, use or disclosure of personal information, except where inappropriate. Examples of when this may occur, include but are not limited to, emergency situations, to prevent an illegal act, complying with a subpoena or warrant, or as required by law.

Consent is obtained either orally or in writing prior to collection, using or disclosing your personal information. ACN Canada will determine the appropriate form of consent having regard to the nature and sensitivity of the information to be collected,used or disclosed. For example, ACN Canada will seek explicit consent for more sensitive information, such as your bank account information, but may use implicit consent by asking you to tell us if you do not wish to receive information about our new products. Customers may withdraw consent to the collection, use and disclosure of information at any time by contacting our Privacy Officer. However, the withdrawal of consent to the collection, use and disclosure of information may affect ACN Canada’s ability to offer or provide, or to continue to offer or provide products or services to you.

All requests for Local, Long Distance, High Speed Internet Service or other service with ACN Canada require either a signed Letter of Authorization or phone order verification prior to ACN Canada proceeding in any investigation, including the obtaining of credit information. As indicated in the Identifying Purposes section, the conditions of applying for service with ACN Canada are specifically addressed on all LOA’s. When you apply for service from ACN Canada we also need to use personal information for the purposes of facilitating the provision of service to you and for the purposes set out above.

Limiting Collection
The type of personal information that is collected may include:

• The customer’s correspondence language preference, first, middle initial and last name, full mailing address, estimated long distance usage, date of birth, credit card number.
• Banking information to facilitate pre-authorized, or other, payments.
• Information that will assist and enable ACN Canada to obtain a credit file, and report applicable credit information, from and to the established credit reporting agencies in Canada.

The personal information collected is limited to information that is necessary for the purposes identified above. Certain personal information may also assist ACN Canada in obtaining a credit bureau report, to review and make a decision about the applicant’s request for service. Additionally, this information enables ACN Canada to accurately report back to the credit bureaus, ensuring the credit reporting is applicable to the correct customer. Information that specifically would identify you, such as a date of birth, is also necessary in order to ensure that when we contact a credit bureau, we properly identify you.

Limiting Use, Disclosure and Retention
ACN Canada’s use of personal information will be only for the purposes listed above and, in particular, in order to facilitate the provision of services to you, for identifying, credit decision reporting and if required, the collection of any outstanding amounts for services rendered. Information provided by ACN Canada to affiliates, vendors or suppliers is provided under a contractual agreement that the information will be held in confidence, protected, and properly safeguarded according to the standards of ACN Canada’s privacy policy.

Personal information relating to customers may be shared with, and used or analyzed by, between or among ACN Canada’s parent, affiliates and authorized agents and independent representatives with whom ACN Canada has entered into a commercial agreement in order to develop our business, better serve our customers and with third parties for certain account processing matters. Information may also be disclosed in connection with ACN Canada’s corporate transactions or business. In each case, however, ACN Canada will take steps to ensure the organization receiving the personal information will use and disclose the personal information for purposes to which you have consented and in a manner consistent with this policy.

ACN Canada provides commissions to Independent Representatives in accordance with ACN Canada’s marketing plan. Personal information relating to customers may be provided in connection with ACN Canada’s commissioning process.

Retention
ACN Canada provides commissions to Independent Representatives in accordance with ACN Canada’s marketing plan. Personal information relating to customers may be provided in connection with ACN Canada’s commissioning process. Retention Your personal information will be retained either in a file titled with your name at ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, or at ACN Inc.’s corporate office located at 32991 Hamilton Court, Farmington Hills, Michigan 48334. ACN Canada retains personal information for only as long as necessary in order to meet the purposes for which the information was collected or for legal purposes. When personal information is no longer required, that information will be destroyed, erased, or made anonymous.

Accuracy
ACN Canada continually strives to maintain as high a level of accuracy as is reasonably achievable. You have the right to request a change to your personal information records where you can establish that the record is inaccurate. Personal information is typically only updated in cases where we receive updated personal information from a customer or where required for business, financial reporting, credit reporting or other related purposes. In each case, ACN Canada will update the information in our system upon receipt and verification, if necessary.

Safeguards
We have implemented physical, organizational, contractual and technological security measures to protect your personal information from loss or theft, unauthorized access disclosure, copying, use, or modification. Access to personal information within our computer system is available to all of our employees for the specific purpose of enabling us to properly service our customers and in connection with the purposes set out above. All employees (current and new) are required to sign a confidentiality of information agreement and are regularly reminded that personal information may not be disclosed except in accordance with this policy.

Personal information in hard copy (paper) form (such as a LOA) is held securely within ACN Canada. Access to ACN Canada’s file storage room is granted to only a limited number of individuals who are also required to maintain the security of ACN Canada’s files.

Openness
ACN Canada would be pleased to discuss this policy, and the steps that ACN Canada has taken in order to ensure the protection of personal information. All customer inquiries should be directed to: ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, Attention: Privacy Officer, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226.

Individual Access
Requests for access to personal information should be forwarded, in writing, to the attention of the ACN Canada Privacy Officer. As ACN Canada carefully protects all personal customer information, requests for access must be accompanied by proof of identify. In the event the information provided is not sufficient to verify the identity of the person who has requested the information, our staff may require additional information to verify that access to personal information is only given to persons who are entitled to receive it. ACN Canada may, for example, require information such as examples of telephone numbers the customer would have recently called, recent payments made to ACN Canada and other relevant information as may be necessary.

Upon access, you may challenge the accuracy or completeness of the record. Disputes or concerns associated with access to personal information will be forwarded to ACN Canada’s Privacy Officer for review and resolution.

Challenging Compliance
Should any individual, business or customers of ACN Canada wish to challenge our compliance with respect to PIPEDA or ACN Canada’s measures to address the security of personal information, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226. ACN Canada’s complaint resolution procedures will be made available upon request.

Should you have any questions with respect to the ACN Canada privacy policy or if you do not consent to, or would like to limit, the manner in which information about you is collected, used or disclosed, or to withdraw your consent, please contact the ACN Canada Privacy Officer in writing at ACN Canada, 800, boul. René Lévesque W., Suite 700, Montréal (Québec) H3B 1X9, or by e-mail at privacyofficer@acninc.com, or by telephone at 1-888-383-8226.

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13. LIMITATION OF LIABILITY INDEMNIFICATION AND NO WARRANTY

A. ACN Canada’s liability for damages arising out of mistakes, interruptions, omissions, delays, errors, or defects in transmission, which occur in the course of furnishing service, will be limited to an amount equivalent to the proportionate charge to you, but in no event shall exceed $50, for the period during which the faults in transmission occur.

B. ACN Canada will not be liable for any claim or loss, expense or damage (including indirect, special or consequential damage), for any interruption, delay, error, omission, or defect in any service provided, if caused by any person or entity other than ACN Canada, by any malfunction of any service or facility provided by any other carrier or vendor, by an Act of God, natural disaster, fire, war, civil disturbance, or act of government, or by any other cause beyond ACN Canada’s direct control.

C. ACN Canada will not be liable to you for any indirect, special, incidental, consequential, exemplary, or punitive loss or damage of any kind, or for lost profits or revenues, by reason of any act or omission in ACN Canada’s performance under this Agreement. This provision shall survive the termination of this Agreement.

D. ACN Canada shall not be liable for any claim, loss or refund as a result of loss or theft of Personal Identification Numbers issued for use with ACN Canada’s services.

E. With respect to any other factual allegation, legal claim, or dispute by you or by any others, for damages associated with the ordering (including the reservation of any specific number for use with a service), installation (including delays thereof), provision, termination, maintenance, repair, interruption, or restoration of any service or facilities offered by ACN Canada, ACN Canada’s liability, if any, will be limited to credit allowances for interruptions of service as required by law.

F. With respect to the provisioning of, or any error or omission in, data, information, or content furnished in connection with any service provided by ACN Canada, ACN Canada’s liability, if any, is limited to the lesser of: (i). the amount of actual money damages proven by you to have been incurred as the proximate result of your reliance on such data, information, or content; or (ii). $50.

G. ACN Canada will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in ACN Canada’s offerings made to you, or for damages associated with service, channels, or equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities, or services such as alarm services or DSL that are interconnected with ACN Canada’s services.

H. Indemnification: With respect to any other claim or suit by others, you agree to indemnify, defend, and hold harmless ACN Canada against claims, losses or lawsuits arising from your use of ACN Canada services, including: (i) allegations or claims of libel, slander, invasion of privacy, and/or infringement of copyright arising directly or indirectly from the material transmitted by use of ACN Canada’s services; and (ii) all other allegations or claims arising out of any act or omission by you in connection with ACN Canada’s services. Indemnification shall not apply to any such claims based on ACN Canada’s willful misconduct or gross negligence. This provision shall survive the termination of this Agreement.

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14. DISPUTE RESOLUTION

PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY.

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] The place of arbitration shallbe in the province in which the service resides. The language of the arbitration shall be English.

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15. MISCELLANEOUS

A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of ACN Canada service without the express written consent of ACN Canada. All terms and conditions of service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. ACN Canada reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, ACN Canada will have no further obligations to you.

B. Governing Law: This Agreement is governed by the law of the province in which the service resides, without regard to its choice of law rules, except that the arbitration provisions of Section XII of this Agreement are governed by the National Arbitration Rules.

C. Entire Agreement: Your Agreement with ACN Canada consists of this Customer Service Agreement, information contained on ACN Canada’s website, and the current terms of any optional calling plan, promotion, and/or authorized written communication you have received from ACN Canada. Your Agreement with ACN Canada constitutes the entire Agreement between ACN Canada and you and supersedes all prior agreements, representations, and understandings. This Agreement can only be amended by ACN Canada, as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement.

D. Separability: Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.

E. Notices: All notices required or permitted by this Agreement will be provided as follows. Notices from ACN Canada to you will be sent to your last known address as reflected in the company records of ACN Canada, and provided by one of the following methods: (i) by Canadian Post, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to ACN Canada that are required to be in writing shall be mailed to ACN Canada Customer Service. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the Canadian Post, postage prepaid; or (ii) on the same business day, if sent to you by email.

F. Authority: By enrolling in, using, or paying for ACN Canada’s services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein.

G. Discrimination: ACN Canada’s services are provided without discrimination as to a customer’s race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.

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16. CONTACT INFORMATION

Customer Service Numbers:

High Speed Internet – General Inquiries: 1-866-910-1118
High Speed Internet – Technical Support: 1-866-910-1447

Montreal Address:
PO Box 720, Station "B, Montréal, QC H3B 3K3
ACN Canada Web Site: www.acncanada.ca

ACN Canadian Web Site: www.acncanada.ca

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