Terms & Conditions

Please find the terms and conditions for the following:

  • Promotions
  • Internet & Home Telephone
  • Cable Television
  • Internet Acceptable Use Policy
  • Privacy Policy

 

Promotions:

Terms & Conditions for various Source Cable promotions. All prices and offers below reflect our rates as of September 1, 2016.

 1. New customers who require equipment from Source Cable Ltd.

  • Conditions: On approved credit (OAC). When Source Cable provides the equipment, either at no charge (modems), or monthly rental units (i.e., Digital Cable terminals or High Definition Television terminals), then Source Cable requires date of birth and proper identification from the customer. Acceptable identification, in order of priority includes: Driver's License, Passport or Age of Majority card. Installation fees are waived if customer signs up for pre-authorized payment and e-billing plan. Otherwise, it's $60.00 for the first service, $85.00 for the two or $100 for three services. Services include Cable Television, Internet and Home Phone.

2. New Home Phone Customers

Home Phone Plus:

  • Offer: $29.99/MO for 3 months.
  • Conditions: On approved credit (OAC). Tax not included. Installation fee may apply. This offer cannot be combined with any other offers. The monthly price of the Home Phone Plus service (after the 3 month promotion period expires) is dependent upon the number of other services (TV package and/or Internet) that the customer subscribes to with Source Cable. Regular price for Home Phone Plus is $46.99/MO when customer does not subscribe to a TV package or the Internet. It is $41.99/MO when customer subscribes to one of our TV packages OR our Internet service and $36.99/MO when customer subscribes to one of our TV packages AND Internet. Long distance calls, up to a maximum of 1,000 minutes per month, are for Canada and continental United States only, and do not include calls to Hawaii, Alaska or the Virgin Islands. Operator Assistance (411) calls are $2.00 per call. International Calling is available and the rates are posted at http://www.sourcecable.ca/res-long-distance.html. Expires April 30, 2017.

Home Phone Basic:

  • Offer: $14.99/MO for 3 months.
  •  The Hamilton local calling area includes: Hamilton, Ancaster, Binbrook, Burlington, Caledonia, Cayuga, Dundas, Dunnville, Fisherville, Freelton, Galt, Grimbsy, Hagersville, Jarvis, Lynden, Mount Hope, Selkirk, Stoney Creek, Waterdown and Winona.
  • Conditions: On approved credit (OAC). Taxes not included. Installation fee may apply. This offer cannot be combined with any other offers. The monthly price of the Home Phone Basic service (after the 3 month promotion period expires) will be $21.99/MO. These monthly rates do not include charges for long distance, Collect Calls or 411 fees. Long distance calls in continental North America, outside of our Hamilton local calling area, are $0.05 per minute. Call Display and Permanent Caller ID Block come free with Home Phone Basic.  Voice Mail, Call Waiting and Call Forwarding are available at $3.00/MO each. Operator Assistance (411) calls are $2.00 per call. International Calling is available and the rates are posted at http://www.sourcecable.ca/res-long-distance.html. Expires April 30, 2017.

3. New or existing Internet customers upgrading to a faster Internet service.

  • Offers:
  • Internet 30: $10.00/MO off for 3 months.
  • Internet 60: $10.00/MO off for 3 months.
  • Internet 100: $10.00/MO off for 3 months.
  • Internet 250: $10.00/MO off for 3 months.
  • Conditions: On approved credit (OAC). Tax not included. Installation fee may apply. These offers cannot be combined with any other offers. On the fourth month, pricing reverts back to regular retail prices.
  • Timing: Expires April 30, 2016.
  • Internet 30: $52.99/MO when bundled with a TV Package and $60.99/MO as a standalone service.
  • Internet 60: $62.99/MO when bundled with a TV Package and $70.99/MO as a standalone service.
  • Internet 100: $72.99/MO when bundled with a TV Package and $80.99/MO as a standalone service
  • Internet 250: $94.99 when bundled with a TV Package and $99.99/MO as a standalone service. 
  •  

4. Bundles: 2 Year Internet 100 Double & Triple Play Bundles

  • Offers: 2U6
  • Double Play:
    • Select TV & Internet 100 (with Unlimited Usage): $119.99/month for 2 years.
    • Popular TV & Internet 100 (with Unlimited Usage): $139.99/month for 2 years.
    • Premier TV & Internet 100 (with Unlimited Usage): $159.99/month for 2 years.
    • Triple Play with Home Phone Basic:
      • Select TV & Internet 100 (with Unlimited Usage) & Phone Basic: $124.99/month for 2 years. Popular TV & Internet 100 (with Unlimited Usage) & Phone Basic: $144.99/month for 2 years.
      • Premier TV & Internet 100 (with Unlimited Usage) & Phone Basic: $164.99/month for 2 years.
      • Triple Play with Home Phone Plus:
        • Select TV & Internet 100 (with Unlimited Usage) & Phone Plus: $139.99/month for 2 years.
        • Popular TV & Internet 100 (with Unlimited Usage) & Phone Plus: $159.99/month for 2 years.
        • Premier TV & Internet 100 (with Unlimited Usage) & Phone Plus: $179.99/month for 2 years.
        • Conditions: Some conditions apply, tax not included. A minimum of Select TV and Internet 100 is required for any 2 Year Bundle offer.
        • Timing: Expires April 30, 2017.

5. Super Channel 

  • Offer: First month is free and then it's $10.00 per month for 24 months.    
  • Conditions:  A Digital or High Definition terminal is required.
  • Timing: Expires April 30, 2017.

6. Playboy  

  • Offer: FREE for 2 months.    
  • Conditions: Offer is valid for cable customers whose account is in good standing and who have not had Playboy for at least 90 days. Digital or High Definition terminal required.
  • Timing: Expires April 30, 2017.

7. Hollywood Suite   

  • Offer: Free for 2 months.    
  • Conditions: Offer is valid for cable customers whose account is in good standing and who have not had Hollywood Suite for at least 90 days. Digital or High Definition terminal required.
  • Timing: Expires April 30, 2017.

8. TMN/HBO Canada  

  • Offer: 50% off per month for 4 months.    
  • Conditions: Offer is valid for cable customers whose account is in good standing and who have not had TMN/HBO Canada for at least 120 days. Digital or High Definition terminal required.
  • Timing: Expires April 30, 2017.

Residential Internet & Home Telephone Services

As of July, 2007

  1. Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”] provides residential internet (including Quickclic High Speed Internet, Quickclic Lite and Wireless Internet) and residential home telephone services to its subscribers [hereinafter “Services”].
  2. Definitions for purposes of this Agreement include:
    1. “You” or “Your” means the subscriber to any Services acting for personal, family or household purposes, named on the invoice and responsible for paying the charges for the Services provided under the Agreement and shall be entitled to receive any notice and information relating to this Agreement or the Services; and
    2. “Agreement” means the agreement in effect from time to time between You and Source which is subject to amendment in accordance with section 16 hereof, including, but not limited to, the present Terms, and any other document or form designated by Source in accordance herewith as forming part of the Agreement.
  3. By using the Services, You expressly agree to be bound by the terms and conditions of this Agreement [hereinafter “Terms”]. If You do not agree with the Terms, You may exercise Your right to terminate the Agreement according to the termination provision included herein and cease using the Services.
  4. Charges will commence as of the activation or delivery date of the Services. Your account is due and payable in full by upon receipt, unless otherwise specified on the front of the invoice, or as agreed by Your initial pre-authorized bank withdrawals or credit card payment authorization.
  5. You agree to pay the total charges due in accordance with section 4 hereof using any of the following methods, as agreed to by Source: (i) automatically by pre-authorized bank withdrawals or credit card payment; (ii) by mailing a cheque or money order to Source; (iii) by telephone/PC banking; or (iv) at any acceptable financial institution.
  6. You must pay amounts invoiced upon receipt, unless otherwise specified on the invoice. Any balance unpaid after the due date will be subject, at Source's sole discretion, to a late payment charge of 2% per month calculated and compounded monthly (26.82% per year) until paid in full. Overdue accounts are subject to cancellation of Service. An administration fee will be levied if Your credit card is denied or if Your cheque is returned. A fee may be charged if administration and/or account processing activities have occurred due to non-payment. The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits). Overdue accounts are subject to blocks, suspension and/or cancellation of all services billed on Your invoice.
  7. Overdue accounts for any particular Service billed by Source may result in cancellation of the Service. If a service call is required to restore Your Service which has been terminated for non-payment, a reconnection charge will apply.

    You must bring invoice inquiries and disputes to Source's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects. Source will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

    Source and those acting on its behalf reserve the right to examine Your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You. Should Source at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Source will determine, at its discretion, how Your deposit or other security will be allocated to satisfy outstanding amounts owed by You to Source.

    By subscribing to the Services, You authorize Source and those acting on its behalf, from time to time, to review Your creditworthiness and agree that this is our prior written notice to You of, and Your consent to our obtaining limited credit information about You from time to time. You will note that this review of Your credit will not be made public to any party other than Yourself, through Your own review of Your credit history. You also agree to provide any further appropriate authorizations and financial information as Source may reasonably request for this purpose. Source may use this information to better understand Your financial situation; to help us understand the current and future needs of our customers and to manage our business. Source may also give this information to credit reporting agencies, and, with Your specific consent, to other persons, and, for the purpose of establishing telecommunications services to other telecommunications companies. Where You have provided a deposit, simple interest, based on the monthly savings account rate of the Bank of Montreal, will be paid on all sums retained on deposit.

    Source may, in its discretion, refuse to provide Services to You where:
  1. Source will incur unusual costs or expenses which You will not pay, for example, for securing rights of access to Your location, acquiring space in buildings, or for special construction;
  2. You owe amounts to Source that are past due or You have at any time had past due amounts owing to Source;
  3. You do not provide a security deposit or satisfy alternate security measures when requested by Source;
  4. Source has terminated Your services in the past; or
  5. Source does not provide the requested service in Your area.

It is acknowledged by You that there are provisions in the Criminal Code of Canada which refer specifically to “telecommunication services” or “computer services”, which include the Services provided by Source, and that any unauthorized connection to the Services or equipment, interfering or tampering with the Services or equipment or unauthorized use of the Services or equipment is prohibited and may constitute theft under the Criminal Code of Canada. You must immediately inform Source, either in writing or by calling Source's customer service at 1-866-785-7851, if You notice, at any time, that any of the Services is either stolen or being used unlawfully.

You agree not to use the Services in a manner that is contrary to applicable laws or regulatory requirements. Any breach of applicable laws or regulatory requirements may result in the immediate termination of this Agreement and/or any of the Services used wrongfully being disconnected or suspended.

You agree that Source has the right to monitor Your account for misuse. If Source determines, in its sole discretion that You misrepresented Yourself or Your anticipated use in order to subscribe to the Services, or that You or anyone using Your account engaged in misuse of the Services, Source may, in its sole discretion, terminate Your use of the Services, with notice.

You agree that all equipment installed or provided by Source shall remain the property of Source, except for equipment purchased and paid for by You which is neither returnable to nor refundable by Source. Fees may be charged to You for the installation of the Services and/or equipment. You will protect Source's equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Source to perform any work on such equipment, unless otherwise expressly allowed by Source. You acknowledge and accept full responsibility for all equipment installed by Source at the service address and agree to reimburse Source for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned equipment or part thereof. You are responsible for returning Source's relevant equipment upon termination of a Service or this Agreement, to Source's closest retail location or, in the absence of such retail location, to contact Source to arrange for equipment return. In the event You fail to return said equipment or fail to comply with the Terms, Source may, at its option, repossess such equipment and charge You any costs incurred in connection therewith, or charge You the full replacement cost of the unreturned Source's equipment.

You hereby grant Source, its employees, representatives, contractors, subcontractors and agents reasonable access to Your premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Services or equipment. Charges may apply if a service call is required to restore any of Your Services and it is determined that the problem does not originate from Source's network. In addition, charges may apply in the event that You expressly request that the Services delivered by Source be downgraded.

If You do not own the premises where the Services are provided, You warrant that You have the consent of the owner of the premises or otherwise have the authority to allow Source to install, inspect, service, maintain, remove or disconnect Services.

You can obtain more information about the fees applicable under this Agreement at www.sourcecable.ca or by contacting Source's customer service at 1-866-785-7851.

Source may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below, if applicable) at intervals of at least 30 days. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Source distributes and You receive the Services. Source will provide written notice to You at least 30 days but not more than 90 days before the effective date of change, modification, addition or removal, which notice may be sent via e-mail, mail or any other means of providing written notice. Following receipt of such notice, You may agree to accept any such change, modification, addition or removal by continuing to use the affected Service. If You do not agree to any such change, modification, addition or removal proposed in the notice, You may, before the effective date, notify Source that You are terminating the Agreement in accordance with section 15 of this Agreement and/or the provisions of the notice and cease using the Service in question thereafter. If You do not give any such notice to Source by the effective date, then the proposed changes to this Agreement will become effective on the effective date.

Subject to the qualification set out in section 16 below, You may at any time, cancel this Agreement or any Service provided under the Agreement. Applicable charges shall continue to apply. You shall remain liable for the payment of all outstanding balances accrued up to the date of termination.

If an Agreement results from You subscribing to a Service as part of a promotion (“Promotion”) offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, this Agreement shall be for a term of at least the minimum contract period required by the Promotion (the “Promotion Period”). Should You cancel a Service before the expiry of the Promotion Period, You shall pay Source the penalties indicated in the Promotion and in the Agreement. Following the expiry of the Promotion Period, You may terminate the Agreement or cancel the Service at any time.

In addition to all other rights given to Source under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Source may: (a) at any time, upon at least five (5) days' prior notice to You, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to You, disconnect or suspend Your access to the Services or cancel the Agreement (i) if You fail to comply with one or more of the provisions of the Agreement other than Your payment obligations contained in sections 4 and 5 hereof; or (ii) upon the occurrence of any act of bankruptcy on Your part, or if You become insolvent, rely upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against You.

SOURCE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. SOURCE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO YOU. YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, ASSOCIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THIS AGREEMENT. IN NO EVENT SHALL SOURCE HAVE ANY LIABILITY TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. WHERE PERMITTED BY APPLICABLE LAW, SOURCE'S MAXIMUM LIABILITY TOWARD YOU SHALL BE LIMITED TO THE TOTAL AMOUNT PAID TO SOURCE BY YOU UNDER THE AGREEMENT DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE PRESENT SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT.

Source collects personal information on You and uses such information to develop and maintain its relationship with You, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess Your interests, wants and needs with a view to improve current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless You provide express consent or unless disclosure is pursuant to a legal power, all information kept by Source regarding You, other than Your name, address and listed telephone number, is confidential and may not be disclosed by Source to anyone other than:

  • You;
  • A person who, in Source's reasonable judgment, is seeking the information as an agent of Yourself;
  • Another telephone company, provided the information is required for the efficient and cost effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
  • A company involved in supplying You with telephone or telephone-directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
  • An agent retained by Source in the collection of Your account, provided the information is required for and is to be used only for that purpose.

    Express consent to disclosure may be taken to be given by You where You provide:
  • Written consent;
  • Oral confirmation verified by an independent third party;
  • Electronic confirmation through the use of a toll-free number;
  • Electronic confirmation via the Internet;
  • Oral consent, where an audio recording of the consent is retained by the carrier; or
  • Consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.
  • In light of the above, You hereby expressly consent to Source requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding Your accounts and their accounts. You also hereby expressly consent to Source requiring and collecting from You, and providing to third parties, personal information for the purposes set forth in the first paragraph of this section, and for those purposes only. For more information about the privacy of Your personal information, please visit our website at www.sourcecable.ca.

The failure of Source to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.

This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.

S
PECIFIC TERMS AND CONDITIONS APPLICABLE TO SOURCE'S RESIDENTIAL INTERNET SERVICE.

By using Source's Residential Internet Service, You agree not to use this Service in a manner that is contrary to applicable laws or regulations and Source's Acceptable Use Policy (“AUP”), which forms part of this Agreement. The current AUP is available at www.sourcecable.ca. If You do not agree with the terms and conditions of the AUP, You must immediately stop using Source's Residential Internet Service and notify Source's customer service that You are terminating this Service.

SPECIFIC TERMS AND CONDITIONS APPLICABLE TO SOURCE'S RESIDENTIAL HOME PHONE SERVICE

The Source Residential Digital Phone Service should only be used from Your telephone located at the service address specified in Your Agreement, which is connected to Source's multifunction cable modem and is provided to You as a residential user, for personal, residential, non-business and non-professional use. This means that You shall not use this Service for any mercantile activities, including, without limiting the generality of the foregoing, for the operation of a home office, business, sales, telecommuting, telemarketing (including without limitation charitable or political solicitation or polling), autodialing, continuous or extensive call forwarding, fax broadcast, fax blasting or any other activity that would contravene or be inconsistent with normal residential usage patterns. This also means that You are not to resell or transfer this Service to any other person for any purpose, or charge any fees for the use of this Service, without express prior written permission from Source.

Source, upon discovering that use of this Service or any functionalities related thereto by You is contravening the terms of the present section or exceeds, in Source's sole judgment, reasonable usage limits with regard to such a personal or residential use, may, at any time and without prior notice, limit or suspend access by You to this Service. In such cases, You must contact Source's customer service which may require payment of owed charges in order to restore Your access to this Service.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THIS SERVICE MAY BE DISRUPTED IN THE EVENT OF A POWER OUTAGE, AN INTERRUPTION OF THE INTERNET SERVICE OR THE SUSPENSION OF INTERNET SERVICE BY SOURCE. YOU ACKNOWLEDGE AND AGREE THAT SOURCE WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUFFERED AS A RESULT OF A POWER OUTAGE, SERVICE INTERRUPTION OR SUSPENSION OF SERVICE.

Source reserves the right to change residential home telephone numbers assigned to You, but will, however, take all reasonable measures to prevent such an occurrence. In the event of such a change, Source will endeavour to give reasonable prior notice to You.

 

911 Emergency Dialing For Source's Residential Home Telephone Services

PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY USING AND PAYING FOR THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION HEREIN REGARDING THE LIMITATIONS OF SOURCE'S 911 EMERGENCY DIALING SERVICE, AND THE DISTINCTIONS BETWEEN 911 AND ENHANCED (E-911) CALLS.

Dialing 911 quickly connects a caller to a Public Safety Answering Point (PSAP) dispatcher trained to route that call to the local emergency medical, fire, and law enforcement agencies. Most 911 systems now automatically report the telephone number and location of 911 calls made from wireline phones, a capability called enhanced 911 or e-911.

Source's Residential home telephone Service will route emergency 911 calls originating from Source customers to a PSAP via a Local Exchange Carrier (LEC) or other acceptable means that are, at a minimum, in compliance with local jurisdiction mandates. The Service provides 911 and e-911 services by, but is not limited to, partnering with a competitive local exchange carrier (CLEC), and/or by directly trunking voice paths to 911 tandems (emergency services and associated service charges depend on locality of end-user location).

The Service will not function if Your home telephone fails or is not configured correctly or if Your Service is not functioning for any reason, including, but not limited to: a loss of electrical power or power outage, broadband service outage, or suspension or disconnection of Your Service because of billing issues. If there is a loss of power or power outage, You may be required to reset or reconfigure Your equipment prior to being able to use Your Services, including for 911 purposes. It is Your responsibility to insure that batteries for Your Services are fully charged at all times.

The PSAP or local emergency service dispatcher receiving a Source-based 911 emergency service call may not be able to capture and/or retain automatic number or location information. This means that the dispatcher may not know the phone number or physical location of the person who is making the 911 call. Therefore, if You dial 911 using Your Services, You must immediately tell the dispatcher Your location (or the location of the emergency, if different). You must also take care to not disconnect the line, as the dispatcher may not have a phone number to use to call You back. If You are unable to speak and describe Your location, the emergency dispatcher may not be able to locate You.

You must correctly identify the actual location where Your customer premise equipment will be located at the time You register for Your Services or 911 communications may be misdirected to an incorrect local emergency service provider.

911 dialing will not function correctly if You move Your equipment to a location other than that provided when You registered for Your Services. In such an event, in order to have 911 calling routed correctly, You must update Your service address in accordance with the instructions on Source's website. You acknowledge and understand that Source will not be liable for any service outage and/or inability to dial 911 using Your Service or to access emergency service personnel due to the 911 dialing characteristics and limitations set forth in this document. You agree to defend, indemnify, and hold harmless Source, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to You in connection with the Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, You or any third party or user of the service relating to the failure or outage of the service, including those related to 911 dialing.

YOU ACKNOWLEDGE THAT SOURCE STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS DESCRIBED ABOVE, YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE 911 SERVICE, THE WAY IT OPERATES OR DOES NOT OPERATE.

Certain non-voice communication equipment, including, but not limited to, home security systems that are set up to make automatic phone calls, and medical monitoring devices, may not be compatible with the Source's Residential Digital Phone Service. Source specifically disclaims any representation or warranty, explicit or implied, with respect to the connection of its Residential Digital Phone Service to any home security or emergency medical alert system and the full operation of each service. Source will not provide technical support for any such connection and will not incur any kind of liability whatsoever resulting from such a connection. By accepting this Agreement, You waive any claim against Source for any interference with or disruption of such systems due to its connection to Source's Residential Digital Phone Service.

IN LIGHT OF THE CHARACTERISTICS AND LIMITATIONS DESCRIBED ABOVE, YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DIRECT OR INDIRECT DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE CONNECTION OF SOURCE'S RESIDENTIAL DIGITAL PHONE SERVICE TO ANY HOME SECURITY OR EMERGENCY MEDICAL ALERT SYSTEM, AND THE WAY ANY OF THESE SYSTEMS OPERATE OR DOES NOT OPERATE.

In the case of errors or omissions in directory white page standard listings, whether or not the error or omission is with regard to a telephone number, Source's liability is limited to correcting the error or omission that has occurred.

To the extent permitted by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services or related equipment; (c) oral or written statements, or advertisements or promotions relating to this Agreement, the Services or related equipment; or (d) the relationships that result from this Agreement (a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts. To the extent permitted by applicable law, You expressly agree to waive any right You may have to commence or participate in any class action against Source related to any Claim and, where applicable, You also agree to opt out of any class proceeding against Source.

Where applicable, arbitration will be conducted on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the Province of Ontario. If You prevail against Source on the merits of any Claim that You assert, Source will pay all reasonable costs associated with any such arbitration. You agree that the arbitrator will also have the discretion to award costs against You if You commence arbitration proceedings against Source but You do not prevail.

Please print and retain for your records.

 

Cable Television

As of July, 2007

  1. Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”] provides residential cable television services to its subscribers [hereinafter “Services”]. The Services are governed by the terms and conditions set forth in this agreement [hereinafter “Terms”] and the rules and regulations of the Canadian Radio-Television and Telecommunications Commission [hereinafter “CRTC”]. If there are any discrepancies between the Terms and the CRTC's rules and regulations, the CRTC's rules and regulations shall prevail.
  2. By using the Services, You expressly agree to be bound by the Terms of this Agreement and the CRTC's rules and regulations. If You do not agree with the Terms or the CRTC's rules and regulations, You may exercise Your right to terminate the Agreement according to the termination provision included herein and cease using the Services.
  3. Definitions for purposes of this Agreement include:
    1. “You” or “Your” means the subscriber to any Services acting for personal, family or household purposes, named on the invoice and responsible for paying the charges for the Services provided under the Agreement and shall be entitled to receive any notice and information relating to this Agreement or the Services; and
    2. “Agreement” means the agreement in effect from time to time between You and Source which is subject to amendment in accordance with section 15 hereof, including, but not limited to, the present Terms, and any other document or form designated by Source in accordance herewith as forming part of the Agreement.
    3. “Effective Date” means the commencement date of the Services supplied by Source to You, which corresponds to the activation date of the Services and, in the case of additional Services, the date on which Source activates such additional Services.
    4. “Equipment” means equipment rented or sold to You by Source or one of its authorized retailers, such as the decoder or digital terminal, as well as accessories such as remote controls.
    5. “Installation Services” means connection, installation, reconnection following an interruption of the Services, installation of additional outlets and relocation of existing outlets.
    6. “Minimum Charges” means the amount payable by You to subscribe to the Services for the minimum subscription period selected.
    7. “Specifications” means those specifications related to the Services and Equipment required by You and supplied by Source, and are set forth in Your account statement.
    8. “Support Services” means technical support, maintenance and repair service to allow You to enjoy the Services and use the Equipment supplied by Source. Any services related to the Equipment which are not covered by this Agreement are specifically excluded from Support Services.
  4. Subject to the Terms of this Agreement and CRTC's rules and regulations, Source agrees you provide you with (i) cable distribution and interactive capability, (ii) Installation Services, (iii) Support Services, (iv) rental, or where applicable sale of the Equipment, and (v) any additional services or equipment as the parties may agree to.
  5. Charges will commence as of the activation or delivery date of the Services. Your account is due and payable in full by the due date specified on the front of the invoice or as agreed by Your initial pre-authorized bank withdrawals or credit card payment authorization.
  6. You agree to pay the total charges due in accordance with section 5 hereof using any of the following methods, as agreed to by Source: (i) automatically by pre-authorized bank withdrawals or credit card payment; (ii) by mailing a cheque or money order to Source; (iii) by telephone/PC banking; or (iv) at any acceptable financial institution.
  7. You must pay amounts invoiced by the due date specified on the invoice. Any balance unpaid after the due date will be subject, at Source's sole discretion, to a late payment charge of 2% per month calculated and compounded monthly (26.82% per year) until paid in full. Overdue accounts are subject to cancellation of Service. An administration fee will be levied if Your credit card is denied or if Your cheque is returned. A fee may be charged if administration and/or account processing activities have occurred due to non-payment. The invoice will include, and You will be responsible for paying, applicable taxes, interest on overdue amounts and charges for returned payments (this includes, but is not limited to, cheques, credit cards and pre-authorized debits). Overdue accounts are subject to blocks, suspension and/or cancellation of all services billed on Your invoice.
  8. Overdue accounts for any particular Service billed by Source may result in cancellation of the Service. If a service call is required to restore Your Service which has been terminated for non-payment, a reconnection charge will apply.

    You must bring invoice inquiries and disputes to Source's attention within 45 days of the invoice date or You will be deemed to have accepted the invoice as accurate in all respects. Source will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices.

    Source and those acting on its behalf reserve the right to examine Your credit record and to require a deposit or other security, including payment by credit card, before it provides, continues, or reinstates Services to You. Should Source at any time consider a credit deposit to be insufficient, a further credit deposit may be required. Source will determine, at its discretion, how Your deposit or other security will be allocated to satisfy outstanding amounts owed by You to Source.

    By subscribing to the Services, You authorize Source and those acting on its behalf, from time to time, to review Your creditworthiness and agree that this is our prior written notice to You of, and Your consent to our obtaining limited credit information about You from time to time. You will note that this review of Your credit will not be made public to any party other than Yourself, through Your own review of Your credit history. You also agree to provide any further appropriate authorizations and financial information as Source may reasonably request for this purpose. Source may use this information to better understand Your financial situation; to help us understand the current and future needs of our customers and to manage our business. Source may also give this information to credit reporting agencies, and, with Your specific consent, to other persons. If You have provided a deposit, no interest will be paid to You on the amount deposited nor will You be credited for any interest accruing on any amount deposited.

    Source may, in its discretion, refuse to provide Services to You where:
  1. Source will incur unusual costs or expenses which You will not pay, for example, for securing rights of access to Your location, acquiring space in buildings, or for special construction;
  2. You owe amounts to Source that are past due or You have at any time had past due amounts owing to Source;
  3. You do not provide a security deposit or satisfy alternate security measures when requested by Source;
  4. Source has terminated Your services in the past; or
  5. Source does not provide the requested service in Your area.

Source reserves the right, as a condition of its provision of Services, to demand that You purchase and maintain a minimum level of Service, the content of which may be established from time to time by Source based on regulatory requirements and Source's policies.

Minimum Charges shall be billed in advance for the Services to be provided to the customer, the whole in accordance with the Specifications. The charges payable for the provision of Services for a portion of a period shall be pro-rated to the number of days of availability of Services to the customer in proportion to the total number of days included in such period. Advance payment on a basis other than monthly is merely a method of payment and does not grant You any advantage whatsoever or protection against any rate increase applicable to any portion of the period for which Your last payment was received, unless Source has contracted with You in writing to provide you with specifically agreed upon rate protection.

You agree that all Equipment installed or provided by Source shall remain the property of Source, except for Equipment purchased and paid for by You which is neither returnable to nor refundable by Source. Fees may be charged to You for the installation of the Services and/or Equipment. You will protect Source's Equipment from defacing, tampering or damage, and will not permit anyone other than a representative of Source to perform any work on such Equipment, unless otherwise expressly allowed by Source. You acknowledge and accept full responsibility for all Equipment installed by Source at the service address and agree to reimburse Source for the full cost of the repair or replacement of any lost, stolen, unreturned, damaged, mortgaged, sold, transferred, leased, encumbered or assigned Equipment or part thereof. You are responsible for returning rented Equipment upon termination of a Service or this Agreement, to Source's closest retail location or, in the absence of such retail location, to contact Source to arrange for Equipment return. In the event You fail to return said Equipment or fail to comply with the Terms, Source may, at its option, repossess such Equipment and charge You any costs incurred in connection therewith, or charge You the full replacement cost of the unreturned Equipment.

You hereby grant Source, its employees, representatives, contractors, subcontractors and agents reasonable access to Your premises or service address at reasonable hours to install, inspect, service, maintain, restore, remove or disconnect Services or Equipment. Charges may apply if a service call is required to restore any of Your Services and it is determined that the problem does not originate with Source. In addition, charges may apply in the event that You expressly request that the Services delivered by Source be downgraded.

If You do not own the premises where the Services are provided, You warrant that You have the consent of the owner of the premises or otherwise have the authority to allow Source to install, inspect, service, maintain, remove or disconnect Services.

You can obtain more information about the fees applicable under this Agreement at www.sourcecable.ca or by contacting Source's customer service at 1-866-785-7851.

Source may propose to change, modify, add or remove any provision of this Agreement (including the Acceptable Use Policy referred to below, if applicable) at intervals of at least 30 days. Such changes may include, without limitation, modifications, additions to or removals from the Services, their features and charges, or the terms and conditions upon which Source distributes and You receive the Services. Source will provide written notice to You at least 30 days but not more than 90 days before the effective date of change, modification, addition or removal, which notice may be sent via e-mail, mail or any other means of providing written notice. Following receipt of such notice, You may agree to accept any such change, modification, addition or removal by continuing to use the affected Service. If You do not agree to any such change, modification, addition or removal proposed in the notice, You may, before the effective date, notify Source that You are terminating the Agreement in accordance with section 16 of this Agreement and/or the provisions of the notice and cease using the Service in question thereafter. If You do not give any such notice to Source by the effective date, then the proposed changes to this Agreement will become effective on the effective date.

Subject to the qualification set out in section 17 below, You may at any time cancel this Agreement. You shall remain liable for the payment of all outstanding balances accrued up to the date of termination.

If an Agreement results from You subscribing to a Service as part of a promotion (“Promotion”) offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, this Agreement shall be for a term of at least the minimum contract period required by the Promotion (the “Promotion Period”). Should You cancel a Service before the expiry of the Promotion Period, You shall pay Source the penalties indicated in the Promotion and in the Agreement. Following the expiry of the Promotion Period, You may terminate the Agreement or cancel the Service at any time.

In addition to all other rights given to Source under this Agreement (including in the Acceptable Use Policy referred to below, where applicable), Source may: (a) at any time, upon at least five (5) days' prior notice to You, cancel this Agreement or any Service provided under the Agreement; or (b) at any time and without prior notice to You, disconnect or suspend Your access to the Services or cancel the Agreement (i) if You fail to comply with one or more of the provisions of the Agreement other than Your payment obligations contained in sections 5 and 6 hereof; or (ii) upon the occurrence of any act of bankruptcy on Your part, or if You become insolvent, rely upon any law governing insolvency, bankruptcy or arrangements with creditors or upon the commencement of bankruptcy proceedings against You.

SOURCE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. SOURCE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR ANY DELAY OR FAILURE TO PERFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOURCE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES PROVIDED TO YOU. YOU ACKNOWLEDGE THAT SOURCE AND ITS AFFILIATES, ASSOCIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS AND CARRIERS, SHALL NOT BE HELD LIABLE WITH REGARD TO ANY DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THIS AGREEMENT. IN NO EVENT SHALL SOURCE HAVE ANY LIABILITY TO YOU FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. WHERE PERMITTED BY APPLICABLE LAW, SOURCE'S MAXIMUM LIABILITY TOWARD YOU SHALL BE LIMITED TO CREDITING YOU AN AMOUNT EQUAL TO YOUR MONTHLY CHARGES PAYABLE FOR A MAXIMUM PERIOD OF ONE MONTH. THE PRESENT SECTION WILL SURVIVE TERMINATION OF THE AGREEMENT.

Notwithstanding section 19, in case of interruption of the Services attributable to any cause whatsoever other than Your fault, Source's liability shall be limited to crediting, upon Your written request, the minimum charges proportionally to the duration of the interruption in relation to the total period for which You must pay minimum charges, calculated on an hourly basis, provided the following conditions are met: (i) You have notified Source in writing, (ii) for Services other than pay-per-view, the interruption lasted for a period of at least forty-eight (48) consecutive hours after the notice and (iii) You have sent a written request for credit to Source within fifteen (15) days following such notice.

Source may offer certain Services to existing or new customers free of charge for purposes of Promotion. In such an event, Source shall under no circumstance owe any amount whatsoever to You if You do not enjoy the benefit of the Promotion.

You agree to indemnify Source and hold it harmless with respect to any claim, lawsuit, proceeding or formal notice, including judicial and extrajudicial fees, whether a case is well-founded or not (a “Claim”), by a third party against Source in which there is an allegation of facts that constitute or may constitute misconduct on Your part or Your failure to comply with any of Your obligations under the terms of this Agreement, and You agree to indemnify Source for damages caused by Your misconduct or failure to meet Your obligations. Source shall be entitled to take part in the defense against any Claim, at its expense, and to be represented by a lawyer of its choice.

Source collects personal information on You and uses such information to develop and maintain its relationship with You, its employees and other persons; to provide its Services, or to receive services it requires, and to ensure that all related transactions are supported and implemented; to understand and assess Your interests, wants and needs with a view to improve current Services, or to offer new services; to manage its business and to ensure the efficiency, reliability and security of its systems; and to fulfill its obligations under the law. Unless You provide express consent or unless disclosure is pursuant to a legal power, all information kept by Source regarding You, other than Your name, address and listed telephone number, is confidential and may not be disclosed by Source to anyone other than:

  • You;
  • A person who, in Source's reasonable judgment, is seeking the information as an agent of Yourself; or
  • An agent retained by Source in the collection of Your account, provided the information is required for and is to be used only for that purpose.

    Express consent to disclosure may be taken to be given by You, where You provide:
  • Written consent;
  • Oral confirmation verified by an independent third party;
  • Electronic confirmation through the use of a toll-free number;
  • Electronic confirmation via the Internet;
  • Oral consent, where an audio recording of the consent is retained by the carrier; or
  • Consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.
  • In light of the above, You hereby expressly consent to Source requiring, collecting from and providing to third parties, including but not limited to, credit reporting agencies, credit history information regarding Your accounts and their accounts. You also hereby expressly consent to Source requiring and collecting from You, and providing to third parties, personal information for the purposes set forth in the first paragraph of this section, and for those purposes only. For more information about the privacy of Your personal information, please visit our website at www.sourcecable.ca.

Following delivery of the Equipment, You agree to notify Source promptly of any defect, failing which You shall be deemed to have received the Equipment in good repair and working condition. Furthermore, in the event that You have not received the Equipment within ten (10) business days of Your order of the Equipment to Source, You agree to notify Source accordingly.

You shall use rented Equipment with care, caution and diligence. You also agree to comply with the instruction manuals provided by Source, where applicable, and any instructions or requirements of Source related to rented Equipment. Moreover, You will not modify or alter rented Equipment.

You may not connect Equipment to a number of television sets or receivers greater than the number indicated in the Specifications or install additional outlets, failing which You shall be liable to civil and criminal sanctions. Except with the prior written consent of Source, You may not use Equipment unauthorized by Source for the purpose of using the Services. Furthermore, the Equipment may not be transported to a location other than that mentioned in the Specifications, without the prior written authorization of Source.

The law forbids receipt of services or partial services without having paid for them, except with the permission of Source. Any departure from the law may lead to civil or criminal sanctions.

You agree, to the extent reasonable, to allow free access to a duly authorized Source representative, during normal business hours, to the premises where the Services are provided to You and where Equipment is located for the purpose of ensuring compliance with Your obligations under this Agreement.

You acknowledge that in the event Support Services are supplied by Source to You and as a result of a defect in Your video system or Your video or audio system fails to meet the minimum necessary requirements, additional Support Services charges may be billed to You by Source.

It is expressly understood by the parties that Source shall remain the owner of any rented Equipment and that such equipment shall remain the sole and complete property of Source.

In the event that You lose or damage rented Equipment, even if this loss or damage is the result of force majeure or a cause beyond Your control, You agree to pay Source, as liquidated damages, the replacement cost of said Equipment, plus applicable taxes.

All Equipment sales to You by Source are final, subject to the Consumer Protection Act. No refund or exchange shall be made without Source's consent.

Any Equipment sold to You shall be warranted against any manufacturing defect for a period of one (1) year for parts and labour. The warranty period shall be calculated from the Effective Date. Source shall replace any defective Equipment by identical equipment or another model in accordance with the terms of the warranty, provided You notify Source of the defect within the warranty period. Notwithstanding the foregoing, the warranty does not apply to any breakage or defect resulting from accidents or force majeure, modifications to the Equipment without Source's authorization, misuse or abuse of the Equipment. In case of defective Equipment, You agree to notify Source promptly so that a duly authorized representative of Source can make the necessary inspection.

 Source makes no express or implied representation or warranty regarding the Services and Equipment, other than its obligations under this agreement. The Services and Equipment are supplied “as is”, contingent on availability.

Without limiting the generality of the foregoing, Source does not warrant (i) the uninterrupted functioning of the Services or their hardware components, (ii) that the Services meet Your needs or (iii) the performance, availability, use or uninterrupted functioning of the Service and, where applicable, that all functional problems can be resolved.

Source makes no declaration concerning the Services and Equipment supplied under this Agreement. All representations, warranties or conditions of any nature whatsoever, express or implied, are hereby excluded to the extent permitted by applicable law.

Source shall fulfill its obligations under this Agreement with diligence and to the best of its ability.

Subject to the provisions hereafter, this Agreement shall come into force on the Effective Date.

If Your subscription is part of a Promotion offered by Source whereby You enjoy lower rates than would have been the case without such Promotion, the subscription shall be for the period covered by the Promotion (the “Promotion Period”) and may not be cancelled before such period ends. Upon expiry of the Promotion Period, the subscription shall be automatically renewed under the same conditions or at the regular rate in effect for this type of subscription in accordance with the conditions of such Promotion, unless Source receives a notice of non-renewal from You within ten (10) days preceding expiry of the Promotion Period.

Notwithstanding the provisions of section 39, should You cancel a subscription contracted as part of a Promotion before the end of the Promotion Period, You shall pay Source as damages, a penalty equal to 50% of the monthly service and equipment rental payments remaining in the contract and forfeit any remaining discount that would otherwise have been provided during the Promotion Period.

Where the provisions of section 15 apply, You may either cancel this Agreement or ask Source to modify Your Services for the duration of Your subscription, effective on the date of transmission of the prior notice sent to You.

Subject to the provisions of sections 43, 44 and 45, Source may cancel this Agreement at any time.

Source may cancel this Agreement or interrupt the Services at any time without prior notice and without prejudice to any of its rights to You in the event You fail to comply with one or more of the provisions of this Agreement.

Source may interrupt the Services or cancel this Agreement if You fail to pay an account on its due date, upon prior written notice (which notice may include notice contained within Source's standard invoice) of at least five (5) business days to You indicating the reason and scheduled date of interruption of the Services, the amount due by You and, where applicable, the charges for restoring the Services, the charges for cancelling the Agreement if payment is not made by You within such period of five (5) business days and any other charges payable to Source. Cancellation charges mean: (i) the amount owed by You to Source in accordance with this Agreement and (ii) any amount payable by You to Source under this Agreement for the remaining period of this Agreement. Following cancellation of the Agreement, Source shall reimburse You, where applicable, the portion paid in excess of Your monthly charges. You may contact Source's customer service for any comment or information to such effect.

This Agreement shall be cancelled as of right without any notice being required where You become insolvent, makes a general assignment of Your property for the benefit of Your creditors or are declared bankrupt, if You are placed under receivership or in liquidation or if You attempt to rely upon any law governing insolvency, bankruptcy or arrangements with creditors.

Upon cancellation of this Agreement, all obligations of Source hereunder shall be extinguished.

In the event this Agreement is cancelled, You agree to return any rented Equipment to Source promptly, and You further agree to pay Source all charges incurred by Source to locate the rented Equipment or obtain possession of same or to recover any amount due and unpaid under this Agreement.

You are not authorized to transfer this Agreement or the Equipment without the prior written consent of Source. Any attempt by You to transfer this Agreement or the Equipment without the prior consent of Source shall be null and void. Source is authorized to transfer its rights or obligations under this Agreement or its interests herein.

You shall not rent, transfer or lend the Equipment or permit use of the Services for personal gain or purposes of public representation.

This Agreement sets out all the terms agreed upon between You and Source pertaining to the subject matter hereof, and takes precedence over all agreements, covenants, promises and representations relating thereto.

The provisions of this Agreement shall be binding upon and enure to the benefit of You and Source and as well as your respective successors and assigns.

No waiver of any provision or condition of this Agreement or covering any breach or default thereof shall be effective unless it is set forth in writing and signed by the party making such waiver, and the latter shall not constitute a waiver of any provision or condition of the Agreement or any subsequent breach or default of the same or a similar nature.

The failure of Source to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect.

This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby consent, attorn and submit to all proceedings being conducted in the City of Hamilton.

To the extent permitted by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services or related equipment; (c) oral or written statements, or advertisements or promotions relating to this Agreement, the Services or related equipment; or (d) the relationships that result from this Agreement (a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts. To the extent permitted by applicable law, You expressly agree to waive any right You may have to commence or participate in any class action against Source related to any Claim and, where applicable, You also agree to opt out of any class proceeding against Source.

Where applicable, arbitration will be conducted on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the Province of Ontario. If You prevail against Source on the merits of any Claim that You assert, Source will pay all reasonable costs associated with any such arbitration. You agree that the arbitrator will also have the discretion to award costs against You if You commence arbitration proceedings against Source but You do not prevail.

Please print and retain for your records.

 

 

Internet Acceptable Use Policy
As of July, 2007

These terms and conditions are in addition to Source's Terms and Conditions for Residential Internet and Digital Telephone Services [hereinafter “Terms”].

By using Source's residential internet (including Quickclic High Speed Internet, Quickclic Lite and Wireless Internet) and residential digital telephone services [hereinafter “Services”] provided by Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”], you agree to the following terms of this Acceptable Uses and Content Policy [hereinafter “AUCP”], including the general terms contained below:

This AUCP constitutes the agreement between Source and the customer [hereinafter “you” or “your”] subscribing to the Services. This AUCP governs your use of the Services and any devices and/or equipment used to support the Services, including without limitation, a cable modem and software used in conjunction with the Services which is loaned to you from Source for your use solely in connection with the Services [collectively, the “Equipment”]. By activating the Services, you acknowledge that you have read, understand and agree to this AUCP as set out hereunder and with terms and conditions of Source's Terms [collectively, the “Agreement”]. If you do not wish to be bound by this Agreement or any modifications, which may be made by Source from time to time (as described in the following paragraph), do not activate or use the Services and immediately contact Source.

Source may revise this Agreement and provide notice of such material changes to you by sending you an electronic mail message at your Source email address. Such changes shall be deemed effective upon the electronic communication being retrievable by you. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER YOU ARE NOTIFIED OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES. If you do not agree with any of the amendments to this Agreement, you agree to stop using the Services and to provide notice to Source of your termination of this Agreement in accordance with the Terms. You should consult this document regularly to ensure that your usage conforms to the most recent version. In the event of conflict between any customer agreement and this Agreement, the terms of this Agreement will govern. Please refer to the customer agreement specific to the service which you are using. Complaints regarding violations of this Agreement by Source users can be directed to technical support at techsupport@sourcecable.net or (905) 574-7477.

Use of the Services is subject to the following rules and guidelines. You are responsible for ensuring that your use of the Services complies with this Agreement.

Illegal Activity
Use of the Services for any activity that violates local, provincial, federal or international law, order or regulation, is a violation of this Agreement. Prohibited activities include, but are not limited to:

  1. Posting, storing, transmitting or disseminating unlawful material, including with out limitation, child or other pornography, any content, data or othermaterial which is libelous, obscene, hateful, unlawful, threatening, reaction or ethnically offensive, defamatory or which in any way contributes or encourages conductthat would constitute a criminal offense.
  2. Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk regarding whether material is in the public domain;
  3. Pyramid or other illegal soliciting schemes; or
  4. Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone's digital or manual signature.

Security
You are responsible for any misuse of the Services that originate from your account, even activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You must ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user, or to attempt access to anyone's computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools is strictly prohibited.

YOU MAY NOT DISRUPT THE SERVICES. The Services also may not be used to interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to crash a host. The transmission or dissemination of any information or software which contains a virus or other harmful feature is also strictly prohibited.

YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. In particular, Source recommends against enabling file or printer sharing of any kind. Source recommends that any files or services you make available for remote access be password protected.

Inappropriate Content
Source is not responsible for any content you post, store, transmit, disseminate or access through use of the Services. Any content questions or complaints you may have regarding content you accessshould be addressed to the content provider.

You are responsible for information published to the Web or other Internet services, through your account. Source reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful.

Source has no obligation to monitor transmissions made on the Services. However, Source has the right to monitor such transmissions and to disclose the same in accordance with Source's Privacy Policy. By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement and licenses and authorizes Source to reproduce, publish, distribute and display such content worldwide.

Electronic Mail
Source limits the number of email messages that you can send through the Services using Source's email servers in any sixty (60) minute period. Source defines an email message as one message sent to one recipient. For example: a single message addressed to three recipient email addresses would count as three email messages. The Services are limited to one hundred and fifty (150) emails in any sixty (60) minute period.

The Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may be sent only to those who have explicitly requested them.

The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Agreement or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any Web site or other resource which uses the Services.

Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk emailers. In this case, your true address must remain obvious to any human viewer. For example, you may substitute nospam.john.smith for john.smith.

You may not reference Source or the Services in any unsolicited email, even if that email is not sent through Source. Source owns all IP addresses and email usernames for all Services.

Mail Bombing is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.

Source is not responsible for the forwarding of email sent to any account which has been suspended or terminated. Such email will either be returned to sender, ignored, deleted, or stored temporarily, at Source's sole discretion.

Newsgroups
Messages posted to newsgroups must comply with the written charters or Frequently Asked Questions (“FAQ's”) for those newsgroups. Advertisements, solicitations, or other commercial messages may be posted only in those newsgroups whose charters or FAQ's explicitly permit them. You are responsible for determining the policies of a given newsgroup before posting to it.

Posting or cross-posting the same or substantially similar messages to more than 10 newsgroups is prohibited. Our news software will automatically cancel any messages posted to 10 or more newsgroups.

Binary files may not be posted to newsgroups not specifically named for that purpose.

Forging, altering or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

Source reserves the right to discontinue access to any Usenet newsgroup at any time and for any reason.

You may not flood or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup which contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Examples of disruptive activities include, but are not limited to: posting multiple messages with no text in the body, posting many follow-ups to messages with no new text.

Messages may not be cancelled, except by the author or by official newsgroup moderators performing their duties.

The Usenet news service included with a Source account is provided for interactive use by you, using a commonly-available NNTP client such as NETSCAPE COMMUNICATOR or OUTLOOK EXPRESS. Non-interactive clients that download Usenet articles in bulk are prohibited.

Internet Relay Chat
The Services may be used to participate in Chat discussions hosted by Source servers, third party servers, or may not involve servers at all. In all cases, Source does not monitor the contents of the discussion and is not liable for the content of any communications made via Internet Chat.

The Services may not be used for Chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages which disrupt another Internet user's equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of this Agreement of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized.

You are not permitted to use the Services to connect to chat servers or channels from which you have been banned.

The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive messages.

Bandwidth, Data Storage and Other Limitation
You must comply with the current bandwidth, data storage and other limitations on the Services.

You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other customer's use of the Services, nor represent (in the sole judgment of Source) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums. The guidelines for Bandwidth Usage/month for each service package are the following: Quickclic High Speed Internet: 60 GigaBytes, Quickclic Lite: 20 GigaBytes and Wireless Internet: 60 GigaBytes. Source reserves the right to set specific limits for Bandwidth Usage and charge for excessive Bandwidth Usage for residential Services at any time. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede Source's ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.

UNDER NO CIRCUMSTANCES WHATSOEVER ARE YOU PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICES OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF Source AND PAYMENT OF APPLICABLE FEES. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed unless express permission is granted by the customer agreement.

The Services are designed for personal Internet use. You may not use the Services for commercial purposes. You may not run a server in connection with the Services nor may you provide network services to others via the Services. Examples of prohibited servers and services include, but are not limited to, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

Violation of this Agreement

Source does not routinely monitor the activity of accounts for violation of this Agreement. However, in our efforts to promote good citizenship within the Internet community, Source will respond appropriately if it becomes aware of inappropriate use of the Services. Although Source has no obligation to monitor the Services and/or the network, Source reserves the right to monitor bandwidth, usage and content from time to time, to identify violations of this Agreement; and/or to protect the network and Source Internet customers.

Source prefers to advise customers of inappropriate behavior and any necessary corrective action. However, if you use the Services in a way which Source, in its sole discretion, believes violate this Agreement, Source may take any responsive actions they deem appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Source will not have any liability for any such responsive actions. The above described actions are not Source's exclusive remedies and Source may take any other legal or technical action it deems appropriate.

Source reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on Source's servers and network. During an investigation, Source may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.

You hereby authorize Source to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce this Agreement. Such cooperation may include Source providing the username, IP address, or other identifying information about a subscriber, in accordance with the guidelines set out in Source's Privacy Policy.

Upon termination of your account, Source is authorized to delete any files, programs, data and email messages associated with such account.

The failure of Source to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will be construed consistent with applicable laws as nearly as possible, and the remaining portions will remain in full force and effect.

General

  1. Customer Computer It is your responsibility to ensure that your computer equipment meets the requirements set out by Source as may be amended from time to time, that are necessary to use the Services.
  2. Relocating Cable Modem You agree not to relocate Source's cable modem within your premises without notifying Source, so that Source may schedule a mutually agreeable time to undertake such work.
  3. Personal Pages You may create personal pages on our World Wide Web Server (the “Site”). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience. You warrant that the content on your Site is suitable for publication, is not libelous or defamatory, 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. While it is your responsibility to regulate and control all content on the Site, Source may decide to suspend or delete your home page without your consent if you violate this Agreement. In addition, if Source determined that it is appropriate, Source may either. i) issue a warning to you; ii) suspend your access to some or all of the Services; or iii) terminate this Agreement, inclusive of your access and use of the Services.
  4. Ownership of Addresses Source owns all addresses provided to you, including but not limited to IP addresses, e-mail addresses and personal Web page addresses. Source MAY MODIFY OR CHANGE SUCH ADDRESSES AT ANY POINT IN TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE YOU FOR SUCH CHANGES.
  5. End User Licenses You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Service. All such end user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
  6. Multiple Users You acknowledge that you are executing this Agreement on behalf of all persons who use the Services through your computer. You assume all liability for such use of the Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
  7. No License; Intellectual Property of Source and Others Nothing within the Services or any additional services offered by Source from time to time or through any Source Web site shall be construed as conferring any license of Source's or any third parties' intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge and agree that Source's Web sites, the Services and/or additional services offered by Source from time to time are protected by copyright, trademark, patent, or other proprietary rights. You agree not to defame or disparage Source, the trademarks or service marks of Source.

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Customer Privacy Policy

As of July, 2007

Source Cable and its Affiliates and Associates (as defined in the Ontario Business Corporations Act) [hereinafter “Source”, “We”, “Us” or “Our”] is strongly committed to protecting the privacy of Our customers [hereinafter “You” or “Your”].  Our Privacy Policy is undertaken in accordance with the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”).  Source supports the principles of PIPEDA and abides by it.

Our Privacy Policy provides the principles and guidelines that We will follow to protect the privacy of Your customer and non-employee personal information.  (Personal information means information about an identifiable individual.)

This Privacy Policy may change from time to time. If there are significant changes to this

Privacy Policy, We will post a notice on Our website indicating such changes. Please note that Our website may contain links to other sites. Source is not responsible for the content and privacy practices of other websites and We encourage You to examine the privacy policy and disclaimer of each site and make Your own decisions regarding the disclosure of Your personal information.

Privacy Principles
Our commitment to maintain the accuracy, confidentiality, and security of Your personal information is reflected in Our application of the privacy principles enumerated by the Canadian Standards Association (the Privacy Principles), which conform to the objectives set forth in PIPEDA.

1. Accountability

Source is responsible for maintaining and protecting Your personal information that is under Our control, including personal information transferred to third parties for processing. In fulfilling this mandate, We have designated an individual who is accountable for Our compliance with these Privacy Principles.

1.1 - The Privacy Coordinator is responsible for Our compliance with this Privacy Policy even though other individuals within Source may be responsible for the day-to-day collection and processing of personal information. Other individuals within Source may be delegated to act on behalf of the Privacy Coordinator.
1.2 - The identity of the Privacy Coordinator has been internally designated and shall be made available to You upon request.
1.3 - We use contractual and other means to protect personal information that has been transferred to third parties for processing, (i.e., billing)

1.4 - We will implement policies and practices to give effect to this Privacy Policy, including:

  1. Procedures to safeguard personal information;
  2. Procedures to receive and respond to complaints and inquiries;
  3. Training staff to understand and comply with Our policies and procedures; and
  4. Informing Our customers as to Our policies and procedures.

2 - Identifying Purposes
The purposes for which personal information is collected will be identified before or at the time that the information is collected .(please consult Your contract with Source and Our website)

2.1 - We collect personal information such as Your name, telephone number, billing and/or mailing address, credit card information, birth date, and email address, for the following reasons:

  1. To establish and maintain responsible commercial relations with You and provide You with ongoing service;
  2. To understand Your needs and eligibility for Our products and services;
  3. To recommend particular Source products and services to meet Your needs;
  4. To develop, enhance, market or provide Our products and services, including sending You offers, publications or other promotional communication regarding Source products and services;
  5. To contact You regarding Our contests, including advising You of a Source contest or contacting You as a potential winner of a Our contest:
  6. To manage and develop Our business and operations, including personnel and employment matters; and
  7. To meet legal and regulatory requirements.

2.2 - We contact Our customers from time to time by letter, email or by telephone for reasons of account management, quality assurance and in order to inform subscribers of changes to programming packages and the introduction of new cable television, internet or other services. You may, at any time, withdraw Your consent to receive communications involving Our services by contacting a customer service representative with a request to be added to Our “do not call” list.

2.3 - We aggregate and anonymize personal information to produce subscriber statistics for internal business purposes (including for marketing reasons) and to provide them to the Canadian Radio-Television and Telecommunications Commission pursuant to the law.

2.4 - We collect Your IP address for the purposes of system administration, including diagnosis of problems with Our server and administration of Our website. All information collected will be done in a fair and lawful manner.

2.5 - Our website does use cookies. A “cookie” is information that Our website places on Your hard disk so that it can remember information about You the next time You visit Our website (so that We can provide You with personalized services), measure traffic patterns (so that We can learn which browsers are commonly used), and estimate audience size (so that We can know which visitors have seen particular parts of the website). You can still navigate through Our website without the use of cookies, but Your access and the functionality of the website may be limited. We will obtain consent from You before or when We collect, use, or disclose personal information except where inappropriate. We make reasonable efforts when obtaining consent to ensure that You understand how personal information will be used and disclosed by Us.

3. Your Persoanl Information

Consent is required for the collection of personal information and the subsequent use or disclosure of this information. In most cases, We will seek consent for the use or disclosure of the information at the time of collection. When We want to use information for a purpose not previously identified, consent with respect to use or disclosure will be sought after the information has been collected, but before it is used, unless required or permitted by law.

3.2 - We reserve the right to collect, use or disclose personal information without Your knowledge or consent in instances where legal or security reasons, or the welfare of an individual, might make it impossible or impractical to seek consent. For example, when personal information is being collected for the detection or prevention of fraud, seeking consent might defeat the purpose of collecting the information. All of the circumstances where We may collect, use or disclose personal information without a customer’s knowledge or consent are as specified, or required or permitted by law.

3.3 - We will ensure that You are made aware of why We need the personal information and how the personal information will be used. To make the consent informed and meaningful, the purposes will be stated so that You can reasonably understand how the information will be used or disclosed.

3.4 - We will not, as a condition of providing a product or service, require You to consent to the collection of, use or disclosure of personal information beyond that required to provide the product or service itself.

3.5 - Consent can be either express or implied. The form of consent We seek may vary, depending upon the circumstances and the type of information. In determining the form of consent to use, We will take into account the sensitivity of the information and Your reasonable expectations. We will generally seek express consent when the information is likely to be considered sensitive. Implied consent is typically appropriate when the information is less sensitive.

3.6 - You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting (privacy email address) We will endeavor to inform You of the implication of withdrawing consent.

3.7 - You can give consent in many ways including the completion and signing of an application form, not checking of a box to request that their names and addresses not be given to other organizations, orally when information is collected over the telephone or in person, or when You provide information to Source voluntarily. In general, Your use of products and services constitutes implied consent for Us to collect, use and disclose personal information for all identified purposes.

4. Principle Limiting Collection
The personal information collected must be limited to those details necessary for the purposes identified by Us. Information must be collected by fair and lawful means.

4.1 - We will collect only the amount and type of personal information needed for specified purposes that have been documented by Us and identified to You. We will specify the type of personal information collected as part of Our information management policies and practices.

4.2 - We will not mislead or deceive You about the purposes for which personal information is being collected.

5. Limited Use, Disclosure and Retention
Personal information may only be used or disclosed for the purpose for which it was collected unless You have otherwise consented, or when it is required or permitted by law. Personal information may only be retained for the period of time required to fulfill the purpose for which it was collected.

5.1 - We will keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Personal information that has been used to make a decision about You will be retained for a period of time that is reasonably sufficient to allow the individual access to the information after the decision

has been made and to permit any recourse under this policy and applicable privacy legislation.

5.2 - We will destroy, erase, or make anonymous personal information that is no longer required to fulfill the identified purposes. We will develop guidelines and implement procedures to govern the destruction of personal information.

5.3 - We may disclose Your personal information to:

  1. A person who in Our reasonable judgment is seeking the information as Your agent;
  2. A company for the efficient and cost-effective provision of telecommunications services;
  3. A company involved in supplying You with communications or communications directory-related services;
  4. A company or individual for the development, enhancement, marketing or provision of any of Our products or services;
  5. A agent of Ours used to evaluate Your creditworthiness or to collect Your account;
  6. A credit reporting agency;
  7. A public authority or agent or public authority, if in Our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; and
  8. A third party or parties, where You consent to such disclosure or disclosure is required or permitted by law.

5.4 - We may disclose personal information in connection with a corporate reorganization, merger or amalgamation with another entity, or a sale of all or a portion of Source or any business, activity or asset of Source, provided that the personal information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

5.5 - Only Our employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about You.

6. Accuracy

Personal information must be maintained in as accurate, complete and up-to-date form as is necessary to fulfill the purposes for which it is to be used.

6.1 - The extent to which personal information shall be accurate, complete, and up-to-date will depend upon how We use the information, taking into account Your interests. Information shall be sufficiently accurate, complete, and up-to-date so as to minimize the possibility that inappropriate information may be used to make a decision about the customer.

6.2 - We will update personal information that is used on an on-going basis to fulfill the identified purposes including information that is disclosed to third parties.

6.3 - We will not routinely update personal information where such updated information is not needed to fulfill the purposes for which it was collected.

7. Safeguarding Personal Information

Personal information must be protected by security safeguards that are appropriate to the sensitivity level of information.

7.1 - The security safeguards shall protect personal information against loss or theft, as well as unauthorized access disclosure, copying, use, or modification, regardless of the format in which the information is held.

7.2 - The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the extent of the information, and the method of storage. More sensitive information will be safeguarded by a higher level of protection.

7.3 - The methods of protection include:

  1. Physical measures, for example, locked filing cabinets and restricted access to offices;
  2. Organizational measures, for example, security clearances and limiting access on a “need to know” basis; and
  3. Technological measures, for example, the use of passwords, encryption and a firewall.

7.4 - We will make Our employees aware of the importance of maintaining the confidentiality of personal information.

7.5 - We will dispose of personal information in a manner that prevents unauthorized parties from gaining access to the information.

8. Openness About Policies and Procedures

We are required to make information available to You concerning the policies and practices that apply to the management of personal information.

8.1 - We will be open about Our policies and procedures with respect to the management of personal information. You are able to acquire information about Our policies and procedures at minimal cost and without unreasonable effort. This information shall be made available in a form that is generally understandable. This information is available by writing to Us, to the attention of the Privacy Coordinator.

8.2 - The information made available by Us shall include:

  1. The name or title, and the address, of the individual who is accountable for Our policies and procedures and to whom complaints or inquiries can be forwarded;
  2. Our means of gaining access to personal information;
  3. A description of the type of personal information held by Us, including a general account of its use;
  4. A copy of any documents that describe Our privacy policies, standards, and/or codes and
  5. A description of personal information made available to related organizations, including subsidiaries, affiliates or agents.

9. Providing Access to Personal Information

Upon request, You will be informed of the existence, use and disclosure of Your personal information, and shall be given access to it. You may verify the accuracy and completeness of Your personal information, and may request that it be amended, if appropriate.

9.1 - Upon request, We will inform a customer whether or not We hold personal information on You and will indicate the source of this information. If We possess such information, We will allow You access to this information. In addition, We will provide an account of the use that has been made or is being made of this information and an account of the third parties to which it has been disclosed.

9.2 - You may be required to provide sufficient information to Us to permit Us to confirm Our accurate use of Your personal information. The required information provided to Us for this purpose shall only be used for this purpose.

9.3 - In certain situations, We may not be able to provide access to all the personal information it holds. Exceptions to the access requirement must be limited to those allowed under law.

9.4 - In providing an account of third parties to which We have disclosed personal information, We will attempt to be as specific as possible. When it is not possible to provide a list of the actual organizations to which We have disclosed information, We will provide a list of organizations to which We may have disclosed information.

9.5 - We will respond to Your request within a reasonable time and at minimal or no cost. The requested information shall be provided or made available

 

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