In addition to the terms given meanings within this Agreement, the following definitions shall apply to Bell MTS Internet Service:
“content” means text, HTML code, JAVA code, images, audio clips, information, communications, software, pictures, video, graphics, music, sounds and other materials and services, regardless of its source.
“Custom Vanity Domain Name” or “CVDN” refers to a customer created personalized domain name for a website and may also be associated with email addresses on the Internet (example: www.johndoe.com and firstname.lastname@example.org). Each CVDN is unique on the Internet and must be registered through a recognized registrar.
“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 Bell MTS considers to be unsolicited, fraudulent or illegal, in its discretion.
“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.”
I2. Internet Use.
I2.1 You shall:
- comply with the Bell MTS Internet Usage Policy (bellmts.ca/internetusage);
- not access more than one dial-up modem or service at any one time using the same UserID; and
- not use any of Bell MTS’s Internet plans designed for personal and not commercial use to: (1) host configuration servers or multi-user interactive forums; (2) operate a “server” in connection with the Services; or (3) provide network services to others via the Services. Examples of “servers” includes, without limitation, mail, news, file, gopher, telnet, chat and web.
I2.2 You are responsible to ensure that your computer equipment and programs meet the current minimum requirements of Bell MTS posted at www.bellmts.ca/internet, as may be amended from time to time, necessary to use the Services. You acknowledge that from time to time, the computer equipment and/or the programs required to access and use the Services may change and the your computer equipment and/or programs may cease to be adequate to access the Services as a result. If that occurs, your sole remedy shall be to either upgrade your computer equipment and/or programs used to access the Service or terminate this Agreement.
I2.3 You are responsible for backing up your own files, programs and data as required. Your files, programs and data stored on the Bell MTS network shall be and remain your property, however, Bell MTS may, in its sole discretion, make and keep backups of any such files, programs and data and may review, use, disclose or delete such files, programs and data as necessary to prevent, attempt to prevent or stop any disruption of the Services or breach of this Agreement whether by you 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 this Agreement, or where Bell MTS determines that such action is necessary to prevent, attempt to prevent or stop any disruption of the Services or breach of this Agreement.
I2.4 Any UserIDs and passwords issued to you shall be used only by you and those persons authorized by you. You shall not make the UserIDs and passwords available to any third party and shall be solely responsible for maintaining the security of your UserIDs and passwords. If you become aware, or suspect that any unauthorized person has obtained or attempted access to your account, programs, or data, then you shall forthwith notify Bell MTS and change your passwords. You acknowledge that the fees charged by Bell MTS reflect the allocation of risk herein and the limited recourse against Bell MTS provided for herein. Bell MTS will not assume any responsibility for acts or omissions of you or of any individual who accesses the Services using your passwords and/or UserIDs.
I2.5 You agree to cause all persons who use the Services through your UserIDs and passwords or computer equipment to observe and comply with these terms and conditions. You further agree that you are solely responsible and liable for any and all breaches of these terms and conditions, where such breach is the result of use of the Services by you or by any other user of your UserIDs and passwords or computer equipment, and you shall indemnify Bell MTS against any claims, actions or losses that arise, directly or indirectly, from such use.
I2.6 You shall comply with any and all terms and conditions of Bell MTS service providers which terms and conditions are made available to you by those service providers.
I2.7 Email services with an @mts.net, @escape.ca or @mymts.net are offered by a third party service provider and not by Bell MTS. Bell MTS is not liable or responsible in any way for email and or other features and services offered through third parties. The third party service provider may store information, including personal information, outside of Canada. Any information stored outside of Canada is subject to the general laws of application of the country in which it is being stored. Neither Bell MTS nor the third party service provider are liable for any loss of data or emails, undelivered data or emails, misdirected data or emails or the amount of time required to complete the transmission of data or emails through the email system.
I3. Suspension of Internet Service.
I3.1 During any suspension period of @mts.net, @escape.ca, or the @mymts.net domains, Bell MTS will remove access to the suspended domain(s) which will remove access to the Bell MTS Mail service. Email delivered will remain in your mailbox but you will be unable to access it unless the suspension is lifted. If the Service is terminated after a period of suspension, you understand and agree that the contents of all email boxes forming part of the Service will be deleted and you authorize Bell MTS or its service provider(s) to delete any messages, files, programs and data associated with your account upon termination.
I3.2 During any suspension period of a Custom Vanity Domain Name email, email sent to any email accounts forming part of the Service will continue to be received and accessed, however, no changes can be made to the email account. If the Service is terminated after a period of suspension, you understand and agree that the contents of all email boxes forming part of the Service will be deleted and you authorize Bell MTS or its service provider(s) to delete any messages, files, programs and data associated with your account upon termination.
I4. Quantity/Future Orders.
For High Speed and Dedicated Internet plans, the quantity of Equipment or Services initially specified by you during the registration process or in your agreement with Bell MTS represents your initial order for that particular Service. If you order additional Equipment or Services, Bell MTS may, at its sole discretion (i) deem such additional Equipment or Services to form part of your existing Services and the existing terms and conditions shall apply thereto; or ii) require you to enter into a new agreement in respect thereof. Where new Equipment or Services are deemed part of your existing Services, Bell MTS may issue you a confirmation schedule (“Confirmation Schedule”) confirming the charges payable, the number of months in the Term for such additional orders, or any other changes in the Equipment or Services. A Confirmation Schedule issued to you by Bell MTS will be deemed correct and binding if you do not object in writing within 10 days of receiving the Confirmation Schedule.
I5. Email service with a Custom Vanity Domain Name.
Email service with a Custom Vanity Domain Name (as defined herein) may be hosted by a third party vendor under agreement with Bell MTS to provide email and related products and service. Bell MTS considers your registration data, and other personal information that you may provide, to be private. However, Bell MTS may monitor and disclose any personal information that you provide, to the extent permitted by law, for the purpose of ensuring your compliance with this Agreement or to protect the rights, property, or interests of Bell MTS or any third party. We will not intentionally monitor or disclose any personal information or data that you may make available through the Site or the Services unless required to do so (i) to enforce this Agreement; (ii) by law; (iii) to defend Bell MTS in any action; or (iv) to protect Bell MTS property. Additionally, you agree to respect the privacy and confidentiality of others using the Site or Services.
With respect to CVDN specifically, in the event a domain name registration has been auto renewed, Bell MTS may only suspend or delete the CVDN during the 45 day grace period following the date the CVDN auto-renewed (the “Auto Renew Grace Period”). Any such suspension shall only be in place during the Auto Renew Grace Period and shall be lifted at the end of this period. This suspension or deletion of the CVDN cannot occur in the event the Customer is in default for payment of any other Service (including hosting). Notwithstanding the foregoing, Bell MTS must delete a CVDN during the Auto Renew Grace Period if requested by the registrant of the CVDN.
I7. IP Addresses.
I7.1 You acknowledge and agree that Bell MTS owns, and you have no property rights in, all addresses provided to you, specifically static and dynamic IP addresses, Bell MTS owned domain names and sub domain web page addresses. Bell MTS may modify or change such addresses at any point in time and shall in no way be required to compensate you for such changes.
I7.2 If your Internet plan includes registration of a domain name or other related services that are normally provided under Bell MTS’s Domain Name Registration and Management Terms and Conditions posted at www.bellmts.ca/internet, such services are not provided pursuant to this Agreement but are provided pursuant to Bell MTS’s Domain Name Registration and Management Terms and Conditions. Further, the term “Services” does not include your telephone line or any enhancement thereto which is provided pursuant to Bell MTS’s Terms of Service for Regulated Services, nor does it include access service such as (but not limited to) Lan-A, Lan-C, Frame Relay, Virtual Private Network, Megalink, or Centrex, which are provided under separate agreements between you and Bell MTS.
I8. Web Hosting and Shell Access Services.
You warrant the accuracy of the information included in your web site, and warrant that you are authorized and entitled to advertise the business, profession, service, product trade-mark or trade name specified or described therein, that the content on your web site is suitable for publication, is not libelous or defamatory and does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all laws, regulations, court orders and other legal requirements. You understand and agree that where Bell MTS provides you with web hosting and/or shell access services, Bell MTS reserves the right to ensure that your web design and/or web site advertising are consistent with Bell MTS’s established advertising policies, and that you comply with the requirements, terms and conditions of Bell MTS’s service providers or suppliers (the “service provider(s)”) of content, security and/or public certification services forming part of Bell MTS’s web hosting and/or shell access services. While it is your responsibility to regulate and control content on your web site, if Bell MTS hosts your site, Bell MTS may suspend or delete your web site or any content therein without consent, notice or liability and shall have the right to refuse to place or publish the design, and/or to suspend or cancel the web hosting and/or shell access services, as the case may be, if Bell MTS is ordered to do so by a court of competent jurisdiction, or if Bell MTS, in its sole discretion, determines that: (a) your design, web site advertising or any content therein is illegal, false or misleading; (b) you are engaging in unethical business practices as may be evidenced by complaints received by Bell MTS from the public or public agencies; (c) you fail to comply with the requirements, terms and conditions of Bell MTS’s service providers or suppliers of security and/or public certification services forming part of Bell MTS’s web hosting and/or shell access services; (d) you have violated or are in violation of this Agreement; or (e) you are indebted to Bell MTS for any amount. In addition, if Bell MTS determines that it is appropriate, Bell MTS may either (i) issue a warning to you; (ii) suspend or limit your access to some or all of the Services; or (iii) terminate the Services.
I9. Digital Content for Web Hosting and Shell Access Services.
I9.1 Through the web hosting and/or shell access services, you may be provided with objects including their API’s as well as images, photographs, templates, animations, video, audio, music, text and “applets”, and “online” or electronic documentation (together called the “Digital Content”).
I9.2 You may use, modify and publish the Digital Content in accordance with this Agreement.
I9.3 Any supplemental software code and supporting materials provided to you as part of support services for the Digital Content shall be considered part of the Digital Content and are subject to these terms and conditions.
I9.4 The copyright and all other rights to the Digital Content shall remain with Bell MTS’s service providers or suppliers.
I9.5 You may incorporate the Digital Content into your own original work and publish your work in a web site provided that:
- The Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
- You continue to pay for the Services; and
- Your account has not been suspended or terminated.
I9.6 You may not:
- Post web pages containing the Digital Content on servers other than those owned or operated by Bell MTS, its service providers or suppliers;
- Use the Digital Content for any purpose, if you no longer pay for the Services or your account has been suspended or terminated;
- Use the Digital Content to create printed or “hard copy” documents;
- Use the Digital Content in electronic format, on-line or in multimedia applications unless the Digital Content is incorporated for viewing purposes only and no permission is given to download or save the Digital Content for any reason;
- Use the Digital Content in Web page design whereby the Digital Content is in a format designed or intended for storage or re-use by others;
- Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
- Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
- Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
- Translate, reverse engineer, decompile, or disassemble the Digital Content;
- Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
- Use the Digital Content or make copies of it except as permitted herein.
I9.7 You agree, upon termination of the Services, to cease using and destroy all copies of the Digital Content.
I9.8 In the event that Bell MTS notifies you, in its sole discretion that certain components of the Digital Content may no longer be used, you agree to cease using and destroy all copies of those components of the Digital Content identified by Bell MTS in your possession or control.
I10. This section applies only to customers with Custom Vanity Domain Names. Anti-Spam Filtering, Anti-Virus Filtering and Content Filtering Services. Use of Bell MTS’s Anti-Spam Filtering Service (the “Anti-Spam Service”), Anti-Virus Filtering Service (the “Anti-Virus Service”), and/or Content Filtering Service (the “Content Filtering Service”), collectively referred to as “Enhanced Services”, shall be subject to the following:
- Anti-Virus Service. Bell MTS’s Anti-Virus Service allows you to have email messages that are determined to contain viruses detected and deleted from your email inbox. Bell MTS and/or its service providers shall determine which email messages contain viruses in their discretion.
- Anti-Spam Services. Bell MTS’s Anti-Spam Service automatically deletes those email messages that are determined to be “spam” by service provider(s), in their discretion. Bell MTS reserves the right to, at any time, adjust spam filter settings so that spam will be automatically deleted without the opportunity for you to review the messages deemed to be spam by the service provider(s), where Bell MTS determines such action is advisable to improve the Services or to protect its network. In addition to the terms respecting disclosure of information set out in these Terms and Conditions, you understand that the service providers may disclose the contents of spam email messages to third parties for use in identifying, blocking and filtering unsolicited email, and you expressly consent to this disclosure.
- Content Filtering Service. Bell MTS’s Content Filtering Service allows you to filter access to online content generally located in, but not restricted to, websites based on categories chosen by you during the set-up process. Bell MTS’s Content Filtering Service is not intended to be a substitution for parental supervision.
- Other. All intellectual property rights in Bell MTS’s Enhanced Services and associated documentation and software, are owned by the Bell MTS and/or its service provider(s), or their suppliers, and are protected by applicable intellectual property laws. Bell MTS and/or the service provider(s) and their suppliers retain any and all rights not expressly granted herein.
- You agree to waive, and will not assert, any claims against Bell MTS, the service providers, and/or vendor acting on behalf of Bell MTS in connection with your access to or use of Bell MTS’s Services, privacy of your email, or access to user information by authorities, including without limitation any claims based upon damages claimed by you based on a third party claim.