TERMS AND CONDITIONS
Last Updated February 25th, 2020
The following are the Terms and Conditions that govern the use of Camp Comm Ltd. Internet services, herein referred to as “Camp Communications”.
By using the Services you are expressly consenting to these Terms and Conditions being binding upon you without the need for a signature by either you or Camp Communications. You agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by Camp Communications.
Camp Communications may at any time and from time to time amend these Terms and Conditions by posting notice of the amended terms and conditions on https://campcomm.ca or by sending notice via email to the primary email account associated with its Customer(s), and such modification shall be effective as of the earlier of the date of posting of the modified Terms and Conditions or the date identified in the email, as applicable.
These Terms and Conditions are governed exclusively by and construed in accordance with the laws of the province or territory in which the Customers service address is located, but if the Customer's service address is outside of Ontario, Canada, the terms and conditions herein is governed exclusively by the laws of the province of Ontario and the Customers submit to the jurisdiction of the courts of Ontario. If any provision in these terms and conditions is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified without affecting the validity of the other provisions.
If you do not wish to be bound to these Terms and Conditions, you shall not access or use any of Camp Communications’ Service(s). Any violation of these Terms and Conditions may result in the suspension and/or termination of the Service without liability or refund from Camp Communications.
You certify that you are 18 years of age or older to register for Camp Communications Services If you are under 18 years of age, registration must be completed by a parent or guardian.
You acknowledge that Camp Communications collects and uses personal information for the purposes identified in the Camp Communications Privacy Policy posted on the Camp Communications Website (https://campcomm.ca). These purposes are:
to establish and maintain responsible relations with customers and to provide ongoing service;
to understand customer needs;
to develop, enhance, promote or provide products and services;
to manage, develop, transfer or assign Camp Communications’ business and operations;
to meet legal and regulatory requirements.
You hereby consent to Camp Communications collecting, using and disclosing your personal information in accordance with the Camp Communications Privacy Policy. The entire Camp Communications Privacy Policy may be viewed on Camp Communications’ website at https://campcomm.ca/privacy-policy, or will be provided upon request.
You agree to abide by Camp Communications’ further Terms and Conditions regarding acceptable use (‘Acceptable Use Policy’ or ‘AUP’) as may be amended from time to time. Any person utilizing Camp Communications’ Services are responsible for reviewing the Acceptable Use Policy posted on their website at https://campcomm.ca/aup.
From time to time Camp Communications reserves the right to amend the Acceptable Use Policy, upon giving 30 days notice to their Customers by email. It will be deemed accepted any amendments to the Acceptable Use Policy by continuing to use the Service after the expiration of 30 days from the date the notice is sent by Camp Communications.
THESE TERMS AND CONDITIONS INCLUDE PROVISIONS WHICH LIMIT CAMP COMMUNICATIONS’ LIABILITY. USE OF CAMP COMMUNICATIONS SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Definitions
The following definitions shall apply throughout these Terms and Conditions:
“Terms and Conditions” mean these terms and conditions (“Terms and Conditions”) for Camp Communications Services and may be amended from time to time by Camp Communications.
“Agreement” means the Residential Internet Service and Rental Agreement or the Commercial Internet Circuit Agreement and Rental Agreement, as the case may be.
“Content” means text, images/graphics, audio clips and video, software, music, sounds, HTML code and other materials and services made available through the use of Camp Communication’s services.
“Customer” (a) is the Primary and/or Secondary Applicant; (b) subscribes for Services from Camp Communications; (c) enters into these Terms and Conditions with Camp Communications; and (d) is responsible for all activities with respect to the Services provided.
“Customer Equipment” means any equipment not provided by Camp Communications including, but not being limited to computer, monitor, printer, hub and internal network cabling.
“Equipment” refers to the equipment provided by Camp Communications to permit access to the service and shall include any equipment provided by Camp Communications necessary for the receipt of the Service.
“Force Majeure” event of fire, flood, earthquake, lightning damage, element of nature, natural disaster, explosions, acts of God, power outages, storms, acts of civil, military, governmental or regulatory authorities, labour disruptions, acts of vandalism, sabotage or other unlawful acts beyond the reasonable control of a Party.
“Initial Term” means in the case of a yearly or multi-year agreement the first year(s) of the agreement, as the case may be.
“Internet” means the world-wide network of computers connected to each other using protocols, which provide a variety of services such as but not limited to email, web browsing, video streaming and file transfers.
“Camp Communications” means Camp Comm Ltd., its directors, officers, shareholders, employees, contractors, technicians, agents and assigns.
“Etiquette” means appropriate etiquette expected while using the Internet. The following activities are, without limitation, deemed to be a breach of etiquette: (a) spamming over the Camp Communications network, or over any other network in violation of that network Provider(s)’s acceptable use policy; or (b) generating unacceptable levels of traffic on the Camp Communications network; (c) sending messages in any form where the recipient has indicated their desire to not receive such messages; or (d) falsifying, forging or otherwise tampering with any portion of the header or tracking data of any message;
“Personal Information” means information about the Customer such as, but not limited to, name, physical address, email address, birth date and other similar information as may be required by specific circumstances.
“Provider” refers to Camp Communications and all of its servants, agents and in the case of Equipment, the manufacturer of said Equipment.
“Services” means any Internet related services, offered by Camp Communications to its customers. It includes but is not limited to, services provided for the purpose of (a) accessing the Internet; (b) sending and receiving electronic mail; (c) virtual private networks; and (d) firewalls; and (e) collocation of the Equipment.
“Spam” means the mass electronic distribution of unsolicited, bulk email to individual email accounts or email lists and may also be referred to as “junk email” or “bulk email.” Without limitation, spam also includes any email Camp Communications considers to be unsolicited, fraudulent or illegal, in its discretion.
“Streaming” means a method of transmitting or receiving data (especially video and audio material) over a computer network as a steady, continuous flow, allowing playback to proceed while subsequent data is being received.
“Virus(es)” means a program or code that inserts, replicates, and infects another program, boot sector, partition sector or document that supports macros. Viruses may include but are not limited to “worms” and “Trojan horses.”
Services
Internet Service(s) (the “Services”) from Camp Communications and Camp Communications has agreed to provide these Services and provide the equipment required as outlined in the Agreement with Camp Communications, or with the Services specified to Camp Communications either during the registration process or during any upgrade or reconfiguration of the Services offered by Camp Communications from time to time. The provision of some or all of the Services is subject to these Terms and Conditions.
Term
These Terms and Conditions shall come into effect on the date of installation and connection of the Service with Camp Communications or on the date of signing and Camp Communications enters into the Agreement with the Customer, whichever occurs first (the “Effective Date”) unless otherwise negotiated with the Customer by Camp Communications. Subject to the provisions herein, the Services shall be provided for the Term (a) specified in the Agreement or (b) specified by the Customer to Camp Communications during the registration process, as applicable, and shall be either on a month to month, yearly, or multi year basis (the “Term”). The Service shall continue until terminated in accordance with these Terms and Conditions. Upon expiration of the Term, unless otherwise agreed upon in writing or otherwise specified by the Agreement, the Service shall continue on a monthly basis, at the applicable month-to-month price until one party provides the other with written or verbal notice. Any such Termination is subject to the Termination fee prescribed in the Agreement and, where such termination occurs prior to the end of the yearly or multi-year agreement, the Break Fee.
Charges and Payments
The Customer agrees to pay charges specified by Camp Communications for the Services (the “Charges”), together with all applicable taxes. If the Services has a fixed rate through the Term, the Charges shall remain fixed throughout the Term, otherwise the Charges are subject to change upon thirty (30) days prior written notice by Camp Communications. Applicable taxes shall be itemized separately in Camp Communications billing statements.
Customer agrees to pay Camp Communications’ payment method (i) Pre-authorized payment (PAP) or (ii) by credit card which is automatically withdrawn/charged from/to the Customer account 5 days after invoice date. Invoice is generated monthly based on the “Effective Date”.
Invoices will be emailed only. Upon request, Camp Communications’ will send the invoices via Canada Post for a fee according to Camp Communications’ prevailing rate.
The Customer warrants that the billing information and email address provided to Camp Communications is current, true and accurate. Customer agrees to provide timely notice to Camp Communications of any change in billing information and email address, including any change to automatic payment method.
Camp Communications reserves the right to bill for: (i) additional equipment purchased, if any; (ii) additional charges for excess use of the whole or any part of the Services, if any; (iii) an amount equivalent to the cost of any Equipment installed by Camp Communications for the Services or an amount equivalent to the installation fees in connection with such facilities; (iv) the cost of removing Equipment; (v) the cost of restoring such Equipment to its original condition or of replacing it; and (vi) the cost of the Equipment if not returned on the date of termination.
The Charges and any Additional Charges shall be billed on a Camp Communications’ invoice, which shall be due and payable on receipt of the invoice. A Camp Communications invoice shall be deemed correct and binding upon you unless an objection is received by Camp Communications within thirty (30) days of the invoice date. All Charges not paid when due shall bear interest at the current rate of 2% per month calculated from the date of the invoice, the Customer agrees not to deduct or set-off any amount from the Charges due to Camp Communications under these Terms and Conditions.
The Customer agrees to keep the specified email address provided to Camp Communications active and checked regularly to ensure invoices are received. Failure to provide accurate account, billing information, and email information will NOT be an acceptable reason for non-payment.
The Customer agrees to provide to Camp Communications’ Technician at the time of installation all information required to setup account and provide payment, along with payment for the initial charges, such information and payment to include but not being limited to, (i) first month’s service fees; (ii) signed agreement; (iii) payment method specific details; (iv) any additional equipment charges as agreed and used by the Technician. Amounts will be confirmed and are subject to correction by the Technician based on the actual work performed.
A fee will be applied to any and all credit cards or electronic fund transfer payments that are declined due to insufficient funds.
The Customer agrees to pay a Termination Fee in the event of early termination on a yearly or multi-year agreement prior to the expiration of the Initial Term.
Service Address
The Services will be provided at the address specified to Camp Communications during the registration process (the “Service Address”). All Customer Service Address requirements necessary for the connection and/or installation of the “Services” to meet the specifications set out by Camp Communications, shall be arranged or provided by the Customer at their own expense.
Relocation
In the event that the Customer moves service address, the Equipment must be relocated by Camp Communications to a new address serviced by Camp Communications, such relocation shall be performed by Camp Communications at the Customers expense at Camp Communications’ prevailing rates and terms including such service charges as may be applicable and these Terms and Conditions shall continue to apply. The Customer shall not permit any party to open, repair, remove, rearrange, modify, or in any way tamper with the equipment provided or rented by Camp Communications in connection with the Services and Equipment, or to relocate the Equipment from the Service Address without Camp Communications’ permission.
Responsibilities of Customer
It is expected that the Customer will represent, warrant and covenant to Camp Communications they will not:
a) Resell any of the Camp Communications Services;
b) Use the Services to interfere with anything: (i) maintained by Camp Communications; (ii) belonging to another Internet user; or (iii) available on the Internet; without the prior written consent of Camp Communications,
c) Use the Services to upload, transmit, or distribute: (i) anything illegal or anything that may expose Camp Communications to civil liability including but not limited to anything that is threatening, abusive, defamatory, obscene, vulgar, offensive, pornographic, sexually explicit, indecent or is likely to expose a person to hatred or contempt; (ii) anything that contains a virus or other harmful or destructive element; (iii) anything that infringes any other party’s intellectual property or privacy rights;
d) Use the Services for any purpose contrary to the laws of any government having jurisdiction over you or Camp Communications.
e) Violate the rules of Etiquette while using the Services at the Service Address use any of Camp Communications’ Internet plans designed for personal and not commercial use to: (i) host configuration servers or multi-user interactive forums; (ii) operate a “Server” in connection with the Services; or (iii) provide network services to others via the Services. Examples of “servers” include without limitation, mail, news, file, chat, web.
The Customer is responsible to ensure that software and computer equipment using the Services meet the current minimum requirements of Camp Communications, necessary to use the Services. The Customer acknowledges that from time to time, the computer equipment and/or the software required to access and use the Services may change and as a result, may be required to upgrade the computer equipment and/or software used to access the Services.
The Customer is responsible for backing up emails. Emails and data stored on the Camp Communications network shall remain the Customer property, however, Camp Communications may, at its discretion, make backups of any such data and may review, use, disclose or delete data stored on its servers as part of routine or required maintenance, to recover storage space, or as necessary to prevent any disruption of the Services or breach of these Terms and Conditions whether by the Customer or any other person, in connection with any lawful governmental request, or in connection with a claim arising out of a disruption of Services or breach of these Terms and Conditions.
Any User IDs and passwords issued to the Customer shall be used only by the Customer and those persons authorized by them. They shall not make the User IDs available to any third party and shall be solely responsible for maintaining the security of their User IDs and passwords. If they become aware, or suspect that any unauthorized person has obtained or attempted access to the account, they should immediately notify Camp Communications and change their passwords. Camp Communications will not assume any responsibility for acts or omissions of the Customer or of any individual who accesses the Services using your passwords and/or User IDs.
The Customer agrees to cause all persons who use the Services to observe and comply with these Terms and Conditions. The Customer shall indemnify Camp Communications against any claims, actions or losses that arise, directly or indirectly, from such use.
The Customer shall comply with all current and future policies of Camp Communications related to the Services. Camp Communications may post notice of such policies at https://campcomm.ca/, or may send notice of such policies via email or regular mail.
The registered owner of an account, that being either the Primary and/or Secondary account holder, is responsible for any and all violations of the Terms and Conditions set forth, regardless of who was actually involved in any particular incident.
Any attempt to violate the security, stability, or integrity of Camp Communications’ computing or network resources, or those of any other organization, will result in immediate and permanent account termination and the notification of the appropriate authorities. This specifically includes such things as port scanning, denial of service attacks, attempts to crack passwords, etc.
At any point, anyone using the Services may not use any Camp Communications account to threaten, harass, or intimidate other people, companies, organizations, etc.
When sending email messages, anyone using the Services must refrain from activities such as forging headers and sending unsolicited email (commercial or otherwise). If SPAM is sent or knowingly propagate a Virus, The Customer may be charged a minimum of $500 in cleanup fees and the account may be terminated.
Under no circumstances shall the Customer hold Camp Communications liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from their use of or inability to use the Service or to access the Internet or any part thereof, or their reliance on or use of information services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
The Customer agrees that any violation of the terms herein before stated shall result in the immediate suspension and possible termination of the Provider’s service and this Agreement;
The Customer fully understands that Camp Communications cooperates with any and all agencies, including law enforcement, involved in the investigation and/or prosecution of illegal activities.
Suspension and Termination.
Camp Communications may Suspend the Services without notice and without incurring any liability.
Camp Communications may Terminate:
The Services without notice and without incurring any liability
Upon five (5) days prior verbal or written notice to the Customer;
If the Customer defaults in the payment of the Charges or any other amount due to Camp Communications, and such default continues for a period of five (5) days after notice (either written or verbal) has been given to them;
If the Customer fails to carry out or perform any covenants, undertakings or obligations imposed on them by any part of these Terms and Conditions, as determined by Camp Communications in its sole and absolute discretion;
If the Customer makes an assignment for the benefit of creditors or takes any other action for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of, or become subject to, any legislation in force relating to bankruptcy or insolvency;
If Camp Communications’ equipment is destroyed or so substantially damaged by fire or other catastrophe that it is impracticable to continue to provide some or all of the Services; Or
if Camp Communications’ network or the operation and/or efficiency of the Services are impaired or affected by the Customers use of the Services, as determined by Camp Communications in its sole and absolute discretion.
Should the Customer become suspended or temporarily disconnected where Camp Communications’ equipment remains on the premises, a reconnection fee plus applicable taxes will apply unless otherwise arranged through Camp Communications.
By Customer
The Customer may terminate this Agreement by giving Camp Communications thirty (30) days written or confirmed verbal notice of termination.
Responsibilities upon Termination
In the event of Termination of this Agreement for any reason, by either Camp Communications or the Customer, the Customer agrees to fulfill the following responsibilities. On or before the date of termination, the Customer shall remove all Equipment supplied or rented by Camp Communications to them in connection with the affected Services, and return the Equipment in good working and reusable order to Camp Communications. Failure to return the Equipment prior to the termination date shall result in being charged the current monthly rate until such time the equipment has been returned. The Customer may request that Camp Communications remove the Equipment for which they will be charged the prevailing rate for Equipment removal.
THE CUSTOMER ALSO AGREES THAT UPON TERMINATION, IMMEDIATE PAYMENT, IN ADDITION TO THE CHARGES SPECIFIED HEREIN
(I) THE MONTHLY CHARGES RELATED TO THE MONTH IN WHICH THE TERMINATION IS EFFECTIVE WITHOUT ANY PRO-RATA ADJUSTMENT,
(II) ANY OVERDUE BALANCE PLUS INTEREST, AND
(III) IN THE CASE OF A YEARLY OR MULTI-YEAR AGREEMENT TERMINATED PRIOR TO THE END OF THE INITIAL TERM OR THE BREAK FEE. ANY UNUSED PORTION OF THE TERM CHARGES THAT MAY HAVE BEEN PAID ARE NON-REFUNDABLE AND SHALL NOT BE CREDITED BACK.
Insolvency or Withdrawal from Market
Either party shall be entitled to terminate this Agreement immediately with one day’s written notice in the event of the other party’s insolvency, receivership or voluntary or involuntary bankruptcy or in the event that Camp Communications ceases to offer the Services. In the event of default by the Customer, any and all payments required to be made to Camp Communications by the Customer shall be due and payable immediately.
Title to Equipment and Addresses
Except as otherwise provided for herein, the Equipment shall remain and be the sole and exclusive property of Camp Communications at all times. The Customer shall have no right of property therein except the right to use such Equipment in connection with the Services and pursuant to these Terms and Conditions. At any time shall anyone remove, deface or obscure any labels on the Equipment which indicate that Camp Communications is the owner. The Customer shall keep such facilities and Equipment free of all levies, liens and encumbrances and shall return the Equipment in good working condition to Camp Communications upon termination of the Services.
No equipment, apparatus, circuits, devices or services not provided by Camp Communications will be attached to or used so as to operate with the Equipment and the Services in any way, whether physical, by induction or otherwise, except as permitted by Camp Communications.
The Customer acknowledges and agrees that Camp Communications owns any and all static and dynamic IP addresses and all property rights to them. Camp Communications may modify or change such addresses at any point in time and shall in no way be required to compensate the Customer for such changes.
Where the Customer has purchased the Equipment as shown on the Agreement, or on any receipt issued by Camp Communications verifying purchase of the Equipment, the Customer is solely responsible for the Equipment, its upkeep and maintenance. Except where the Customer has purchased the Equipment, Camp Communications may register a security interest in the Equipment with the Personal Property Registry of the Province where the Equipment is physically located and the Customer shall not remove the Equipment from the Province without the express consent of Camp Communications.
The Customer grants to Camp Communications the right to enter in or upon the Customer’s premises at any time for the purpose of servicing, replacing, or removing the Equipment. Wherever practical, Camp Communications shall give 24 hours’ notice of its intent to enter upon the premises. The Customer may incur a fee levied by Camp Communications for any servicing, replacement or removal of the Equipment.
The Customer shall not alter, remove or move Camp Communications’ Equipment from or within the premises without first giving 24 hours’ notice to Camp Communications.
Damage to Camp Communications owned equipment
In the case of damage to, or loss, theft or destruction of, the Equipment, Camp Communications shall have the right to require the Customer to pay the cost of restoring the Equipment to its original condition or of replacing it.
The Customer shall be liable for any damage caused by Force Majeure and/or the negligence or fault of them or anyone else while the Equipment is in their possession and shall be required to pay the full replacement cost of that Equipment. If the Equipment is damaged or defective due to production or failure, which is proven not to be the fault of the customer, the Equipment shall be replaced or repaired by Camp Communications at no cost to you.
Installation and Repair
Installation of the Equipment may require drilling holes and other modifications to the residence or commercial building where the Equipment is installed. Such modifications are authorized with the full knowledge that if the Equipment is removed Camp Communications will not be required to return the building to its original state. Notwithstanding the foregoing, Camp Communications shall use reasonable care to minimize modifications required. Camp Communications is responsible to maintain the Equipment on or in the Customer's home or business by ensuring bolts and screws holding the Equipment in place are tight at time of install. The Customer is responsible for all acts of God, including and not limited to, the communication radio moving out of alignment due to high winds, however Camp Communications will cover any service calls related to Force Majeure. The Customer warrants all authorizations for the Installation of Camp Communications’ equipment to have been obtained prior to Camp Communications’ schedule Installation date.
If required, access to the Service Address shall be provided to Camp Communications or its agent, at a mutually agreeable time, for the purposes of installing, monitoring, modifying or upgrading the Equipment so as to facilitate the provision of the Services.
Camp Communications does not warrant that the operation of the Equipment will be uninterrupted or error-free.
Unless otherwise agreed upon in writing, Camp Communications will maintain the Equipment in good repair throughout the Term in accordance with its normal schedules and practices for remedial maintenance and will respond on a best efforts basis to its Customers’ request for repair between 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding any Camp Communications observed holidays. Should a request be made, and Camp Communications agrees to perform any repair outside of Camp Communications’ normal maintenance schedules, such repairs will be performed by Camp Communications at prevailing rates for labour, travel and overtime at the Customers expense.
The Customer acknowledges that Camp Communications’ ability to maintain the Equipment is dependent upon Camp Communications’ sources of supply. In the event of inability to obtain replacement parts, or if the Equipment is no longer serviceable due to excessive wear, deterioration, technological obsolescence or by reason of any circumstance beyond the control of Camp Communications. Camp Communications’ obligation is limited to replacing the Equipment with current models when Camp Communications is able to source the new equipment from its manufactures and/or suppliers and Camp Communications will not be liable for any loss of service until the replacement equipment is obtained.
Camp Communications’ obligations hereunder do not extend to any relocation, maintenance, repairs, modifications, or adjustments which may be required, that are due to, resulting from, or related in any way to:
damage, misuse or failure on the Customers part to maintain adequate electrical power, surge suppressor, temperature, or a suitable operating environment for the Equipment;
the attachment, interconnection or use of the Equipment with accessories, equipment or services not provided by Camp Communications;
an event of Force Majeure;
vandalism;
long term wear and tear of outdoor equipment due to the failure of the Customer to maintain the outdoor equipment as required by this Agreement;
interference from other competing wireless radio systems or interference in general; or
interference with, changes in or obstruction of line-of-sight requirements of Camp Communications, such as by foliage growth or building construction;
any other cause that is external to the Equipment;
changing the normal operating environment of the Equipment without obtaining prior authorization from Camp Communications. The customer shall provide Camp Communications with timely, obstacle-free and unobstructed access to the Equipment at all times;
Any maintenance or repairs performed by Camp Communications due to any of the foregoing shall be at the expense to the Customer at prevailing rates and terms.
Safety
Camp Communications reserves the right to refuse to commence or continue any work which, in its opinion, would have to be done in hazardous conditions. Camp Communications shall not be responsible in any way for any refusal to work in or adjacent to hazardous conditions.
The Internet and/or it’s Content
Camp Communications does not operate, control or endorse any information, product or service on the Internet in any way. No representation is made or implied as to the privacy of any information on or passing through Camp Communications’ network. As well, some content, products or services available through Services may be offensive, may not comply with applicable laws or may cause damage to computers or networks and/or the data, programs or files stored thereon.
The Customer and any user of the Services provided by Camp Communications, understand and agrees that neither Camp Communications nor any of its affiliates are under any obligation to censor or monitor any content available on the Internet and Camp Communications and its affiliates assume no liability whatsoever for any claims or losses arising from or otherwise related to access or use of such content. The Customer assumes total responsibility and risk for access to or use of such content and for use of the Internet by them or anyone using the Service through the Equipment assigned to them. They also acknowledge, that by accessing and using third-party websites, they may be agreeing to be bound by the terms and conditions posted on those websites.
Access and Monitoring
Camp Communications may limit in any way, modify or refuse, the Service or the access to the Services without notice or liability if there is a breach or suspected breach of these Terms and Conditions or of Camp Communications’ Service Policies or where Camp Communications deems such limit, refusal or modification may be advisable to protect itself, its Customers or its network. Without restricting the generality of this discretion, Camp Communications may limit the amount of data transfer permitted with any Internet plan. Camp Communications is not obligated to, but may monitor use of the Services electronically from time to time, and may use and disclose any information obtained from such monitoring as necessary to identify violations of or enforce these Terms and Conditions or Camp Communications’ Service Policies, to satisfy any law, regulation or other governmental request, to operate or improve the Services, to protect itself, or its customers or its network.
Fair Use
Camp Communications network is actively managed to ensure current and future capacity. Network planning is an ongoing exercise to ensure sufficient capacity to continue adding new customers to the network. Through state-of-the-art traffic pattern analysis, the Camp Communications’ network is able to adapt to heavy use conditions in real time, should heavy network utilization occur. The traffic management system ensures that the highest priority traffic (e.g. VoIP telephone, live interactive services and web sites, etc.) is always available at full network speeds, while lower priority traffic (e.g. download services, BitTorrent, etc.) continue to run using the available excess capacity. Under normal network conditions, all services will be available at full speeds for all customers. Camp Communications’ network engineers evaluate network utilization on an ongoing basis to ensure that we plan sufficient upgrades to guarantee capacity for customers now and in the future.
AS IS, AS AVAILABLE
The repair and replacement provided in these Terms and Conditions represents Camp Communications’ entire liability. This repair and replacement is provided in lieu of all warranties. The services are not warranted to be error-free or uninterrupted and may be subject to unscheduled and unannounced outages and breakdowns that may not be rectified promptly, and the Services are provided “as is” and “as available” without warranties or conditions of any kind. Any warranties, representations or guarantees not specifically contained in these Terms and Conditions are expressly disclaimed by Camp Communications; and its agents to the maximum extent allowed by law, as are any other warranties, representations or conditions of any nature whatsoever, either express or implied; including without limitation, any warranty, representation or condition of fitness for a particular purpose or of merchantable quality. Without limiting the generality of the foregoing, Camp Communications and its agents do not guarantee or warrant:
that the Services or any of them, will perform in any particular manner;
that any data or files sent or received will not be intercepted, will be transmitted in uncorrupted form or will be transmitted within a reasonable period of time;
the deletion, misdirection or delay of emails, records or data;
that other internet users will not gain access to, and/or damager any computer equipment or files;
that any content or other material accessible using the Services are free from viruses or other harmful components; or
any user of the Services will not be exposed to or affected by computer or software viruses.
Limitation of Liability
Except for physical injuries, death, or damage to tangible property directly caused by the negligence of Camp Communications, Camp Communications and its agents shall not be liable to any person claiming any losses, demands, claims or damages whatsoever, no matter wherever or however caused; nor for any indirect, special, consequential, incidental, economic, punitive or other damages of any kind (including, without limitation, loss of data or programs, business interruption, loss of income, loss of profit, or failure to realize expected savings or any other commercial or economic loss) arising directly or indirectly from the Services, the Equipment, the use or intended use of the Services or Equipment, or these Terms and Conditions. The foregoing shall apply even if Camp Communications and its agents had been advised, had knowledge of, or reasonably could have foreseen, the possibility of such loss, demand, claim or damage, and regardless of whether the cause of action arose from breach of contract (including fundamental breach or otherwise), negligence or any other theory of law or equity.
The Services are provided on an “as is, as available” basis and no warranties, express or implied, including but not limited to those relating to merchantability or fitness or a particular purpose, are made with respect to the Services or any information or software therein.
Without limiting the generality of the foregoing, the foregoing limitation of liability includes, but is not limited to losses, demands, claims or damages arising directly or indirectly from:
the performance or non-performance of any of the Services or any Equipment;
defects in Equipment or facilities supplied by Camp Communications and/or its agents, service providers, suppliers and contractors;
any interruptions, errors or delays in the provision of the Services or the transmission of data using the Services;
the continued provision of the Services contrary to request;
any fault, bug, virus or other damaging element that may be in the programs provided by Camp Communications and/or its agents, service providers, suppliers and contractors or otherwise transmitted through the Services; (f) any loss or damage to files or data;
any loss or damage to files or data;
any damage to computers, networks, servers or other device connected, directly or indirectly, to any of the Equipment or to the Services;
the Customer’s use of Camp Communications’ technical support services; or
the content of materials retrieved from or sent to any other party through use of the Services.
Third parties provide information, software, communication links and other content that may be accessed through the Services. The Customer acknowledges that the provisions of this indemnity shall also apply to third party content.
The Customer acknowledges that where they allow children to access or utilize the Services, Camp Communications cannot monitor or control the information accessed by individual users. The Customer assumes all responsibility for monitoring any children using the Services at their premises and the indemnity contained herein shall apply where the Services are accessed by children at their premises.
The Customer acknowledges that the above limitation of liability is reasonable in light of the amount paid for the Services and agree that where there is a claim for damage to tangible property caused directly by the negligence of Camp Communications and/or its agents; or if, notwithstanding the foregoing, Camp Communications and/or its agents shall be found liable in any way; Camp Communications’ and its agents cumulative liability to the Customer or any person claiming through or under them shall be limited to the amount paid by the Customer for the Services during the previous one (1) year period which shall be the agreed upon damages and shall be the exclusive remedy, and shall indemnify and save Camp Communications and its agents harmless against any claims in excess of this amount.
Indemnity
Notwithstanding any other terms, conditions and covenants contained in this agreement, the Customer shall be solely responsible and liable for; and shall promptly indemnify and hold harmless Camp Communications and its agents from and against all claims, demands, losses, damages, causes of action, expenses and costs (including reasonable attorney’s fees) (collectively “claims”), that may be brought against Camp Communications and its agents or incurred by Camp Communications and its agents arising or resulting from:
the breach of any covenant, term or condition of this agreement, whether by the Customer or by any person accessing the services with a userID and password or computer equipment;
Camp Communications attempting to enforce or enforcing any provision of this agreement;
Camp Communications attempting to recover or recovering any charges or any damages for breach of any covenant, term or condition herein;
claims by those to whom the Customer provide services; and
claims arising out of or from your use of the Equipment or Services; or from the material, data or other content contained in the transmissions sent using the Services; including, without limitation:
claims for defamation;
claims of infringement of copyright, trademark or other intellectual property rights of any third party; or
claims of a breach of contractual rights of any third party.
All remedies conferred upon Camp Communications and its agents, service providers, suppliers, technicians and contractors shall be deemed to be cumulative, and no remedy is exclusive of any other remedy, or of any other remedy conferred by law.
Amendment
Camp Communications may amend this Agreement and the Fees chargeable here under at any time by posting the revised Agreement on its web site at https://campcomm.ca/ and by emailing to its Customers notice of the amendment. The amendment shall be effective within thirty (30) days of so posting and emailing, whichever comes first. Continued use of the Services after posting constitutes acceptance of the amended Terms and Conditions.
Severability
If any term or provision of this Agreement is determined to be invalid, illegal or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms and Conditions.
Interpretations
Wherever necessary or appropriate in these Terms and Conditions, the plural shall be interpreted as singular, the masculine gender as feminine or neuter and vice versa; and when there are two or more persons bound by the User’s covenants contained in these Terms and Conditions, their obligations shall be joint and several.
Waiver
Camp Communications’ failure to insist upon or enforce strict performance of any Term or Condition in this policy shall not be construed as a waiver of any Term or Condition or Right.
Technical Support
Camp Communications supplies free telephone technical support to its Customers to the demarcation point. Camp Communications’ installers and technicians will ensure that the Service is operating at the time of installation, but does not provide technical support for Customer owned equipment, or for software not supplied by Camp Communications. Camp Communications does not provide support for websites, email services, or any other service except those operated by Camp Communications. All other problems will be referred to their respective product manufacturers.
Service Calls
If Camp Communications conducts a Service Call and it’s deemed that Camp Communications or Camp Communications’ equipment caused the problem then the Service Call is free. If the problem cause is unrelated to Camp Communications, then Camp Communications will charge its normal hourly fee to the Customer. Radio realignments or other acts of God or Mother Nature that require Camp Communications to re-establish Service, the Customer will be billed at a set fee or at our standard hourly plus materials fee at Camp Communications sole discretion.
Full Installation Requirements
The Customer acknowledges and agrees that Camp Communications will supply and install equipment. Camp Communications assumes no liability whatsoever for any damages to or loss of any software, files, or data, or any personal computer warranty infringements due to equipment installation.
Dispute Resolution
In the event of any dispute, controversy, claim or alleged breach respecting this Agreement which cannot be resolved (each a “Dispute”), the Dispute shall be submitted to arbitration. The arbitration shall be conducted in accordance with the The Arbitration Act (Ontario), by a single arbitrator appointed by a Justice of the Ontario Court of Queen’s Bench. The decision of the arbitrator shall be final and binding upon the parties and the expense of the arbitration shall be paid as the arbitrator determined.
Credit Check and Security Deposits
Camp Communications reserves the right to examine the credit record of all prospective or existing Customers and to require a security deposit as a pre-condition to providing or continuing Services. The Customer hereby consents to Camp Communications or its representatives performing such a credit check, subject to applicable legislation. Any Customer whose Service has been disconnected for nonpayment of any amounts due to Camp Communications will be required to pay any unpaid amounts in full, including accrued interest, before Service is restored. In addition, Camp Communications may require a security deposit from the disconnected Customer wishing to re-establish Service. The amount of the security deposit shall be calculated as equivalent to the Customer’s then current monthly Fees plus an amount equal to any costs associated with the establishment (or reestablishment) of the Service. After 180 days of Service the account will again be reviewed, and in the event all Charges have been paid according to the terms of the Agreement, then the security deposit may, at Camp Communications’ sole discretion, be refunded in full or credited to the Customer’s account. Simple interest, based on the monthly savings account rate of a financial institution selected by Camp Communications, will be paid on all sums retained by Camp Communications for the security deposit.