Clearwave Broadband Residential High Speed Internet Usage Terms
1.0 Terms of Service and changes to Terms of Service
1.1 Clearwave Broadband will provide the user named above with access to the high-speed internet service provided by Clearwave Broadband on these terms. In these terms, we refer to the user as "user", and Clearwave Broadband as "Clearwave". By using the Clearwave service, you accept these terms.
1.2 Clearwave may change these terms (withstanding its charges for the Clearwave service) from time to time. If you do not accept the changes, you must immediately terminate the Clearwave service by sending a notice under section 12.
1.3 You agree that notice of any change in these terms may be given by posting on the Clearwave website and by ordinary mail.
1.4 In addition to these terms, Clearwave has also adopted a Usage Policy which governs your use of the Clearwave service and may in fact; limit your use of the Clearwave service. Details are outlined further in this agreement.
2.0 Service, Allowances and Charges for Exceeding Allowances
2.1 The Clearwave service is a means of internet access via wireless modem(the equipment) connected to your computer or wi-fi router.
2.2 The Service provides four (4) e-mail accounts, varying quantities of data usage in gigabytes. Any allowance not used in any month may not be carried forward. Additional email accounts are $0.00 per month per email address. One (1) dynamically assigned IP address will be issued per subscriber. Additional IP addresses are available at $5.00 per month per IP address.
2.3 Clearwave will charge you for any use exceeding the monthly allowance at the rate of $3.00/GB or portion thereof.
3.0 Equipment Provided by Clearwave
3.1 Clearwave will provide the subscriber unit radio (wireless modem - remains the property of Clearwave), the Ethernet cable and power unit to power the wireless modem and technical assistance in configuring TCP/IP software. If you ask Clearwave to return and reconfigure your computer, initial connectivity to the Internet, and/or configure TCP/IP software, Clearwave will charge a service fee of $85 plus tax.
3.2 Clearwave will not provide a standard 10/100/1000 Base-T ethernet card if required at the customer’s equipment is not capable of connecting to a standard Ethernet demarc device.
3.3 Clearwave may provide and configure a home broadband router to share the service in your home as required. This router will remain the property of the customer and will only be supported for 30 days by Clearwave. After 30 days, the customer will be required to contact the manufacturer of the router for technical support. Clearwave supplies the router as a convenience service only as our technical staff are trained in the setup of these devices and to make the installation of internet services for all computers in the home convenient for the customer. Clearwave’s primary object is to provide internet service, not home networking service. Clearwave can support your home network setup after 30 days, however any and all technical support questions will be billable at a standard IT technical support rate of $85.00 / hour or portion thereof. Mobilization charges may apply of a technician is required to visit your home.
4.0 Charges for The Clearwave service withstanding Additional Charges
4.1 Clearwave will charge monthly in advance for the Clearwave service commencing on the first day of each and every month after installation until you or Clearwave terminate the Clearwave service. Contract start dates not on the first of the month will be pro-rated based on a 30 day month to the first of the following month,
4.2 If you exceed the monthly allowance in section 2.2, you are subject to an additional charge. The current monthly additional charge is $0.95 per GB.
4.3 Clearwave may change the Clearwave service charges after the initial contract period.
4.4 Clearwave may require a non-interest bearing $ 300 deposit on some accounts.
5.0 Access to User’s Premises
5.1 You authorize Clearwave, its servants, agents, employees, contractors and representatives to enter your premises in order to install, maintain, inspect, repair or remove the Equipment. Access to your premises may or may not be at a mutually convenient time to Clearwave and you.
6.0 Permitted use of the Clearwave service
6.1 You agree to use the Equipment and the Clearwave service only as permitted by law and following Clearwave’s Usage Policy. The Usage Policy will be posted from time to time on the Clearwave website.
7.0 Prohibited Use of the Clearwave service
7.1 You agree not to use equipment or services and you further agree not to permit or allow use of the Equipment or Service, directly or indirectly to:
(a) Invade another person’s privacy; post, transmit, distribute or disseminate content which is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; post, transmit or disseminate objectionable information withstanding without limitation any transmissions consisting or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any municipal, federal or international law, order or regulation;
(b) Copy, distribute or sub-license any software provided by Clearwave, except that you may make one copy of each software program for backup or archival purposes only;
(c) Alter, modify, tamper with, or relocate the equipment and or services without prior notification to Clearwave in order to permit Clearwave to relocate the equipment for you within your premises;
(d) Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the equipment, services or the Internet, withstanding without limitation, posting or transmitting of any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitation feature; or generating levels of traffic sufficient to impede others ability to send or retrieve information; (e.g. ping flooding another users IP address);
(e) Disrupt Clearwave’s backbone network nodes or network services;
(f) Use the Equipment or Services in a way which is contrary to the Clearwave spamming policy posted on the Clearwave Web Site (www.clearwave.ca);
(g) Run World Wide Web, FTP or other servers from your premises without Clearwave’s approval;
(h) Resell Clearwave Internet Services and/or resell Internet services using Clearwave’s primary service.
8.0 File Sharing Programs / Video Streaming
8.1. Programs such as Bit-torrents and other file-sharing programs effectively turn your PC into a server and may greatly increase upstream and downstream traffic from and to your PC. Use of these programs may cause you to exceed your traffic allowances resulting in additional charges. Overuse of these programs may also constitute abuse of the Clearwave service and lead to termination.
8.2 Video streaming services such as Netflix, Apple-TV, Crave-TV/Shomi, and YouTube and others consume a large amount of your monthly data transfer. Exceeding your plan’s data limit may incur over-usage fees, suspension of service until additional bandwidth is purchased, or restrict any further video streaming until the next billing cycle occurs.
9.0 Change of Residence
9.1 If you move to a new address within the geographical area served by Clearwave, you must notify Clearwave of the change in address.
10.0 Clearwave’s Rights
10.1 Clearwave has no obligation to monitor the Clearwave service content. However, you acknowledge and agree that Clearwave has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental requirement, to operate the Clearwave service properly, or to protect itself or its subscribers. Clearwave reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms.
11.0 Clearwave’s Retention of Rights
11.1. Nothing in these Terms shall be construed to limit Clearwave’s recourse against any User for any act or omission of you in connection with the Clearwave service in breach of these terms, at law, and/or the usage of policies set by Clearwave from time to time.
12.1. Termination Rights - Either party may terminate the Clearwave service at any time after the initial installation 60 day grace period, upon providing the other party with 30 days notice either by phone, email, or written notice.
12.2. User’s Obligation Upon Termination - You agree that upon termination of the Clearwave service:
(a) You will pay to Clearwave for your use of the Equipment and Services up to the later of the effective date of termination of the Clearwave service or the date upon which the Clearwave service and Equipment have been disconnected and returned to Clearwave.
(b) You will return all Equipment to Clearwave withstanding without limitation any software provided by Clearwave. You will return or destroy all copies of any software provided by Clearwave withstanding all backup copies and will sign a document, provided by Clearwave, certifying that all software has been returned or destroyed and that no software remains in possession of you.
13.1 An initial 60 day money back guarantee on your installation fees if the service either does not work reliably or meet your expectations is offered.
13.2 Clearwave does not warrant uninterrupted use or operation of the equipment or services.
13.3 Clearwave does not warrant that any data or files sent by or to you will be transmitted in an uncorrupted form or within a reasonable time.
14.0 Back-up Requirements
14.1 The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to your computer. You agree to back-up all existing computer files by copying them to another storage medium prior to installation of the Equipment. Clearwave shall have no liability whatsoever for any damage to, or loss, or destruction of your software, files or data.
15.0 Ownership/Damages Re: Equipment
15.1 All Equipment, (except network hardware such as hubs and NIC’s purchased by the user), will at all times remain the property of Clearwave. You may not sell, any part of the Equipment to any third party. You shall pay for the full retail cost of the repair or replacement of any lost, stolen, unreturned, damaged, sold, together with any costs incurred by Clearwave in obtaining or attempting to obtain possession of any such Equipment, up to a maximum of $900.00 plus applicable taxes. You hereby authorize Clearwave to charge the user’s VISA, MasterCard, other credit card or other payment method authorized by you for any outstanding Service and Equipment charges due to Clearwave.
16.0 Virus / Firewall Limitation
16.1 Virus and Firewall protection is the responsibility of the user. Clearwave will assume no liability for virus infection as a result of using the internet. The responsibility for virus detection and removal will be the responsibility of the user. Clearwave will not support any technical issues that arise from third party software the client installs on their computer (s).
17.0 Limitation of Liability
17.1 Clearwave is not liable to you or to any third party for:
(a) Any direct, indirect, incidental, special, punitive or consequential losses or damages, withstanding loss of profits, loss of earnings, loss of business opportunities and personal injuries (withstanding death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Clearwave service by you or any other user of the Equipment or the Clearwave service, withstanding, without limitation, any damage resulting from or arising out of your reliance on or use of the Equipment or the Clearwave service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or the Clearwave service;
(b) Any losses, claims, damages, expenses, liabilities or costs (withstanding legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, damage suit or other proceeding based upon a contention that the use of the Equipment or the Clearwave service by you or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
17.2 This limitation applies to all acts, omission, or gross negligence of Clearwave, its officers, employees, agents, contractors or representatives, which, but for this provision, would give rise to a cause of action against Clearwave in contract, tort or any other legal doctrine.
17.3 Your sole and exclusive remedies are as expressly set out in these terms.
17.4 In the event of any breach by Clearwave, its affiliates or its gents, withstanding any breach of fundamental term or negligence, your exclusive remedy is to receive from Clearwave payment for actual and direct damages to a maximum amount equal to the fees paid by the Customer to Clearwave in the past three months.
18.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.
18.2. These Terms replace all prior written or verbal Terms regarding the Clearwave service.
19.0 How to Contact Clearwave Broadband
19.1. For any inquiries or notices required in connection with these Terms, you may contact Clearwave by e-mail at firstname.lastname@example.org or email@example.com or by telephone at 780-669-9283 for general inquiries or 780-701-3401 for tech support.
Clearwave’s policy on all aspects of our website and services is to respect and protect the privacy of our users. Clearwave does not disclose, rent or sell your email address or any of your personal information we may receive to any third party, without your express, written consent.
Please note that contributions you make to the site (ISP Ratings and reviews) become the property of Clearwave, which we can delete or modify as we may see fit. (We never, ever take credit for your words or quotes, however)
At any time you may communicate with Clearwave via private email; No matter the content, your contact details and information remain confidential, unless you give explicit permission to pass it on to a third party.
Any comments, complaints or compliments you make in private about an ISP or your experiences with an ISP will remain confidential - they will never be passed along to the ISP unless you specifically give permission to do so, with one exception:
Any comments posted publicly or privately via Clearwave that is deigned to maliciously attack or libel an ISP, accuse and ISP of illegal acts without a conviction from a Canadian Court, contact information WILL be given out to aid in prosecution.
We reserve the right to make changes to this policy at any time. It is your responsibility to check this page from time to time to keep updated on any changes, though we will make best efforts to notify users of changes.