Internet Service Policies

1.0 Service

1.01 Service Availability

The Customer may only subscribe for Internet Service if available in your geographic area. Comwave reserves the right to deem Internet unavailable to you at any time. If such an event occurs Comwave will not charge you applicable fees, provided that you return all Internet equipment provided by Comwave in its original and proper physical and functional condition within the time specified in this Agreement.

1.02 Service Speed

Internet Service is provided on a Best Efforts basis. Comwave does not guarantee the speed of any Internet Service. The speed of Internet Services is dependent on various factors, some of which are not under our control, including the distance of the Customer from our network equipment or the usage by other Customers in that geographic area. As such we do not guarantee the maximum service performance (e.g. throughput or speed). Internet speed may also be affected by traffic management practices that are applied to the service. To learn more about traffic management practices see our Internet Traffic Management Policies (ITMP).

1.03 Fair Usage Policy

The Customer acknowledges and agrees that the expression “unlimited usage” used in advertising for Internet Service refers to the time allowed for using the Internet Service based on intermittent use. Abuses of the network with excessive usage as solely determined by Comwave, and after notice from Comwave, may result in either the Customer being transferred to one of Comwave’s metred usage plans or the suspension or termination of service, in which case the Customer remains obligated to pay amounts owed for any remainder of a contract period.

1.04 Additional Terms of Use

The Customer acknowledges and understands that when using Internet Service there are certain inherent risks (e.g. others may gain access to your system or your Services and Accounts). Comwave shall not be liable for any claims or damages related to Internet access, even though the service may be provided, installed, maintained or supported by Comwave.

1.05 Change in Telephone or Cable Service

If a change in your local service is requested from your local phone or cable company, it is your responsibility to advise us of the changes, as this could affect the Services you obtain from us (unless you subscribe to services on a dry loop). This notification includes moves, regardless of whether your phone number changes. Any applicable cancellation and/or re-installation charges relating to your services will be charged to your account.

2.0 Acceptable Use Policies

The Customer is solely responsible for use of the Services by any of its employees, officers, directors, agents and any other end user of the Services (collectively, the “End Users”). The Customer agrees to comply, and to ensure that, the End Users comply with the following policies and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as “you”).

2.01 Rules

While using the Service, the Customer may not:

(a) post, transmit or otherwise distribute information or encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;

(b) post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;

(c) post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;

(d) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;

(e) use the Service for an unattended automated operation;

(f) engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or

(g) use the Service for simultaneous sessions using the same User ID and Password.

2.02 Customer Equipment

It is the Customers responsibility to ensure that their computer system or edge device meets the minimum requirements stated by Comwave as being necessary to use the Service. From time to time, the equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.

2.03 You Can Best Control the Risk and Therefore Are Responsible

Comwave will not assume any responsibility for your acts or omission or of any individual who uses your account. Subscribers to Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Comwave and the Customer, the Customer is better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

2.04 Monitoring

Comwave has no obligation to monitor the Service. However, in order to protect itself and its subscribers, Comwave will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Comwave will not intentionally monitor or disclose any private e-mail message unless required by law. Comwave reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

2.05 Content

You acknowledge that some content, products or services available with or through the Service (“Content”) may be offensive or may not comply with applicable laws. The Customer understands that neither Comwave nor any of its affiliates attempt to censor or monitor any Content. The Customer also acknowledge that neither Comwave nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. Customer understands, however, that such Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet. Comwave and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.

2.06 Privacy

Comwave cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Comwave therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Comwave, its affiliates and its agents, shall be relieved from all liability in connection therewith.

2.07 E-mail

Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. Customers will not use another site’s mail server to relay mail.

2.08 Usenet

Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists. Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owned-published FAQ or description of the group or list.

2.09 System and Network Security

Users are prohibited from violating any system or network security measures including, but not limited to, engaging in unauthorized access or use of Comwave’s or a third party’s network, data or information. Users are unauthorized to monitor Comwave’s or third party’s data, systems or network traffic. Users are prohibited to interfere with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

2.10 VIOLATION OF ACCEPTABLE USE POLICY

Comwave considers the above practices to constitute abuse of its service. Therefore, Comwave’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Comwave’s Services in accordance with the Customer’s agreement with Comwave. Nothing contained in this policy shall be construed to limit Comwave’s actions or remedies in any way with respect to any of the foregoing activities. Comwave reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the Comwave Service, and levying cancellation charges to cover Comwave’s costs. In addition, Comwave reserves at all times, all rights and remedies available to it with respect to such activities at law or in equity.

Complaints regarding email, Usenet abuse, SPAM, Illegal Use and System or Network Security issues should be sent to security@comwave.net.

2.11 Interruption of Service

Comwave may, further to a request from the police and/or a notice sent to the Customer, immediately interrupt the Customer’s Internet access should it be of the opinion that the Customer has breached its undertakings set out above by engaging in any of the following activities:

(a) transmitting or helping to transmit unsolicited emails (SPAM);

(b) transmitting or helping to transmit pyramid emails;

(c) uploading or downloading, recovering or storing any information, data or material that could be considered defamatory or obscene, contains hate literature or child pornography, violates or infringes any right, title to, or interest in, intellectual property belonging to a third party; or

(d) transmitting or helping to transmit any file or document containing a “worm”, “Trojan horse”, or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.

3.0 Internet Traffic Management Policies (ITMP)

Comwave High Speed Internet Services are delivered over a network which is shared among Comwave Customers. Congestion can occur in any network when many people are using the network at the same time or are engaging in activities that use a large amount of bandwidth. Comwave Internet Traffic Management is designed to ensure that if congestion reaches a certain level the majority of Customers continue to have a good Internet experience.

Comwave Internet Traffic Management assigns the highest priority to time-sensitive and priority Internet traffic such as VoIP and gaming, a high priority to applications such as web browsing, e-mail, instant messaging and streaming, and normal priority to other activities.

Comwave Internet Traffic Management continuously monitors our network. When Internet traffic is light, all applications run at full speed. When congestion is detected, Comwave Internet Traffic Management assigns higher priority levels to time-sensitive and priority Internet traffic like VoIP, video streaming and gaming to ensure that they are not swamped by the traffic of very resource-intensive (but not very time-sensitive) applications like file downloads and peer-to-peer traffic.

During peak periods, when congestion occurs, downstream peer-to-peer traffic and similar non real-time applications are regulated to allow for real-time applications such as video streaming, chat, gaming and VOIP the best possible user experience. Traffic that is not prioritized, such as the traffic of resource-intensive applications, is slowed as a result of time-sensitive and priority traffic being prioritized. It is not possible to define the exact impact that Comwave Internet Traffic Management will have on the speed of traffic that is not prioritized, such as the traffic of resource-intensive applications, when congestion occurs.

Under normal circumstances, everything runs at maximum speed. If the network becomes congested, Comwave Internet Traffic Management makes sure that the traffic of time-sensitive and priority activities receives priority over the traffic of non time-sensitive activities in order to maintain a quality Internet experience for all users. Network priority is assigned to the type of Internet traffic and Comwave Internet Traffic Management does not discriminate against any vendor, service provider or website.

At Comwave, we are committed to your privacy. This means we do not distribute, rent or sell any of your personal information to third parties except as provided for in this policy or as specifically consented to by you. For example, Comwave may provide your personal information to third-party carriers for the provision of services, for billing and/or collection purposes, etc. All such provision of personal information to third-party providers shall only be done in accordance with the Personal Information Protection and Electronic Documents Act.

Comwave’s privacy policy is segregated into ten principles.

• Accountability
• Identifying Purposes
• Consent
• Limiting Collection
• Limiting Use, Disclosure and Retention
• Accuracy
• Safeguards
• Openness
• Individual Access
• Challenging Compliance

Principle #1 – Accountability

Comwave is responsible for personal information under its control and has designated its Privacy Officer as accountable for the company’s compliance with the following principles.

• Accountability for Comwave’s compliance with the provisions of Comwave’s privacy policy rests with the Privacy Office within Comwave, which shall designate one or more persons to be accountable for compliance with the Comwave policy. Other individuals within Comwave may be delegated to act on behalf of designated person(s) or to take responsibility for the day-to-day collection and processing of personal information. The Privacy Office has been created to ensure Customers and employees have a designated avenue to answer their privacy-related inquiries.
• Comwave shall make known, upon request, the title of the person or persons designated to oversee Comwave’s compliance with this policy.
• Comwave is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. Comwave shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
• Comwave shall implement policies and practices to give effect to these principles, including:
  • Implementing procedures to protect personal information;
  • Establishing procedures to receive and respond to complaints and inquiries;
  • Training staff and communicating to staff information about the organization’s policies and practices; and
  • Developing information to explain the organization’s policies and procedures.

Principle #2 – Identifying Purposes

Where appropriate, Comwave will identify the purposes for which personal information is collected at or before the time the information is collected.

Comwave collects personal information only for the following purposes:

• To provide service(s) and/or products to its Customers;
• To establish and maintain responsible commercial relations with Customers and to communicate with its Customers (which will include, but not be limited to: billing, collection, advertising, promotion and account verification);
• To understand Customer needs and preferences;
• To afford promotional or other opportunities to our Customers (e.g. contests);
• To meet legal and regulatory requirements; and

To administer and manage its business operations, including personnel and employment matters. Except where the collection of personal information is reasonably necessary in order to carry out the express wishes of the Customer or employee, Comwave shall specify orally, electronically or in writing the identified purposes to the Customer or employee at or before the time personal information is collected.

Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at Comwave who will explain the purposes.

Unless required by law, Comwave shall not use or disclose personal information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining the consent of the Customer, where such consent may not reasonably be implied.

Principle #3 – Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except in certain circumstances as described below:

• In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate where there is an emergency threatening the individual’s life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available. In addition, organizations that do not have a direct relationship with a Customer may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.
• Where appropriate, Comwave will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Comwave wants to use information for a purpose other than those identified above).
• In obtaining consent, Comwave will use reasonable efforts to ensure that a Customer is advised of the identified purposes for which personal information collected will be used or disclosed.
• The form of consent sought by Comwave may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Comwave shall take into account the sensitivity of the personal information and the reasonable expectations of its Customers and employees.
• Comwave will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. The use of services or products by a Customer or the acceptance of employment by an employee will be considered implied consent to collect, use and disclose personal information for all identified purposes.
• An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Comwave will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to Comwave in writing.
• With respect to personal information already collected by Comwave prior to the publication of this policy, this policy will constitute reasonable notice to Comwave’s current Customers and employees of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to Comwave in writing.

Principle #4 – Limiting Collection

The collection of personal information will be limited to that which is necessary for the purposes identified by Comwave. Information will be collected by fair and lawful means.

Comwave collects personal information from its Customers and employees for the purposes described under Principle #2. Comwave may also collect personal information from such third parties as credit bureaus, employers, personal references or other third parties that represent they have the right to disclose the information.

Principle #5 – Limiting Use, Disclosure and Retention

Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual, or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.

Comwave may collect, use or disclose personal information without the individual’s knowledge or consent in certain circumstances as described in Principle #3.1. Comwave may disclose a Customer’s personal information to:

• Another telecommunications company for the provision of telecommunications services to that Customer;
• A company involved in providing communications directory services;
• A company involving in providing billing services;
• A person involved in the development, promotion, marketing or enhancement of Comwave’s services;
• A credit collections agency;
• Emergency services in an emergency situation;
• Comwave’s agents and affiliates;
• A person who, in the reasonable estimation of Comwave, is an agent of the Customer; and
• Any other third party, upon receiving the consent of the Customer or as required by law.

Comwave may disclose an employee’s personal information in the following circumstances:

• In the administration of that employee’s benefits;
• In providing references to prospective employers, upon receiving the consent of the employee; and
• As may be required by law.

Only Comwave’s employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about Customers. Comwave will retain personal information for only as long as required to fulfill the identified purposes or as required by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by Comwave.

Principle #6 – Accuracy

Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

The extent to which personal information will be accurate, complete and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about that individual.

Comwave will update personal information about Customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.

Principle #7 – Safeguards

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

Comwave will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage.

Comwave protects all personal information regardless of the format in which it is held. Our methods of protection include:

• Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to Comwave’s place of business in general and to internal offices as well;
• Organization measures, such as security clearances and limited access on a need to know basis; and
• Technological measures, such as the use of passwords, firewalls and encryption.

Comwave makes its employees aware of the importance of maintaining the confidentiality of personal information. All of Comwave’s employees with access to personal information will be required as a condition of employment to contractually respect the confidentiality of personal information.

Comwave will protect personal information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

Principle #8 – Openness

Comwave shall make readily available to Customers and employees specific information about its policies and practices relating to the management of personal information.

Comwave will make information about its policies and practices easy to understand, including:

• The title and address of the person(s) accountable for Comwave’s compliance with the policy and to whom inquiries or complaints can be forwarded;
• The means of gaining access to personal information held by Comwave; and
• A description of the type of personal information held by Comwave, including a general account of its use.

Comwave will make this privacy policy available online at www.comwave.net/privacy

Principle #9 – Individual Access

Upon request, a Customer or employee shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

NOTE: In certain circumstances, Comwave may not be able to provide access to all the personal information it holds about a Customer or an employee. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, information that is subject to solicitor-client or litigation privilege, or, in certain circumstances, information of a medical nature. Comwave will provide the reasons for denying access upon request.

Upon request, Comwave will inform an individual whether or not the organization holds personal information about the individual, and will provide that individual with a reasonable opportunity to review any personal information which Comwave may possess about the individual. Comwave will allow the individual access to his or her personal information once the individual has provided Comwave with a written request application. Comwave will make the application available to Customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit Comwave to provide an account of the existence, use, and disclosure to any third parties of this personal information. Comwave will use the application only for this purpose.

Comwave will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.

Comwave will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, Comwave will provide a list of organizations to which it may have disclosed information about the individual.

When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Comwave will amend the information as required. Depending upon the nature of the alleged inaccuracy, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.

When an alleged inaccuracy is not resolved to the satisfaction of the individual, Comwave will record the substance of the unresolved issue. When appropriate, the existence of the unresolved issue will be transmitted to third parties having access to the information in question.

Principle #10 – Challenging Compliance

An individual will be able to address a challenge concerning compliance with the above principles to Comwave’s Privacy Officer.

Comwave will maintain procedures for addressing and responding to all inquiries or complaints from its Customers or employees about Comwave’s handling of personal information.

Comwave will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.

The person or persons accountable for compliance with this privacy policy may seek external advice where appropriate before providing a final response to individual complaints.

Comwave shall investigate all complaints. If a complaint is found to be justified, Comwave will take appropriate measures, including, if necessary, amending its policies and procedures.

All inquiries or complaints involving Comwave’s handling of personal information or compliance with this policy shall be directed to Comwave’s Privacy Officer. The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt thereof. If necessary, the Privacy Officer will advise the Customer or employee of the existence of relevant complaint procedures. Further, if the Privacy Officer deems it advisable, the Privacy Officer may consult with external legal counsel prior to providing a final response with respect to any individual complaint. In any event, the Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If a complaint is found to be justified, the Privacy Officer will take reasonable measures to correct the situation, including amending Comwave’s policies and procedures if necessary.

For more information, please contact our Privacy Office as follows: E-mail: privacy@comwave.net

At Comwave, we are committed to your privacy. This means we do not distribute, rent or sell any of your personal information to third parties except as provided for in this policy or as specifically consented to by you. For example, Comwave may provide your personal information to third-party carriers for the provision of services, for billing and/or collection purposes, etc. All such provision of personal information to third-party providers shall only be done in accordance with the Personal Information Protection and Electronic Documents Act.

Comwave’s privacy policy is segregated into ten principles.

• Accountability
• Identifying Purposes
• Consent
• Limiting Collection
• Limiting Use, Disclosure and Retention
• Accuracy
• Safeguards
• Openness
• Individual Access
• Challenging Compliance

Principle #1 – Accountability

Comwave is responsible for personal information under its control and has designated its Privacy Officer as accountable for the company’s compliance with the following principles.

• Accountability for Comwave’s compliance with the provisions of Comwave’s privacy policy rests with the Privacy Office within Comwave, which shall designate one or more persons to be accountable for compliance with the Comwave policy. Other individuals within Comwave may be delegated to act on behalf of designated person(s) or to take responsibility for the day-to-day collection and processing of personal information. The Privacy Office has been created to ensure Customers and employees have a designated avenue to answer their privacy-related inquiries.
• Comwave shall make known, upon request, the title of the person or persons designated to oversee Comwave’s compliance with this policy.
• Comwave is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. Comwave shall use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
• Comwave shall implement policies and practices to give effect to these principles, including:
  • Implementing procedures to protect personal information;
  • Establishing procedures to receive and respond to complaints and inquiries;
  • Training staff and communicating to staff information about the organization’s policies and practices; and
  • Developing information to explain the organization’s policies and procedures.

Principle #2 – Identifying Purposes

Where appropriate, Comwave will identify the purposes for which personal information is collected at or before the time the information is collected.

Comwave collects personal information only for the following purposes:

• To provide service(s) and/or products to its Customers;
• To establish and maintain responsible commercial relations with Customers and to communicate with its Customers (which will include, but not be limited to: billing, collection, advertising, promotion and account verification);
• To understand Customer needs and preferences;
• To afford promotional or other opportunities to our Customers (e.g. contests);
• To meet legal and regulatory requirements; and

To administer and manage its business operations, including personnel and employment matters. Except where the collection of personal information is reasonably necessary in order to carry out the express wishes of the Customer or employee, Comwave shall specify orally, electronically or in writing the identified purposes to the Customer or employee at or before the time personal information is collected.

Persons collecting personal information will be able to explain to individuals the purposes for which the information is being collected, or will refer the individual to a designated person at Comwave who will explain the purposes.

Unless required by law, Comwave shall not use or disclose personal information for any purpose other than those described above without first identifying and documenting the new purpose and obtaining the consent of the Customer, where such consent may not reasonably be implied.

Principle #3 – Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except in certain circumstances as described below:

• In certain circumstances, personal information can be collected, used, or disclosed without the knowledge and consent of the individual. For example, legal, medical or security reasons may make it impossible or impractical to seek consent. When information is being collected for the detection and prevention of fraud or for law enforcement, seeking the consent of the individual might defeat the purpose of collecting the information. Seeking consent may be impossible or inappropriate where there is an emergency threatening the individual’s life, health or security, or where the individual is a minor, seriously ill, or mentally incapacitated. In other instances, information may be publicly available. In addition, organizations that do not have a direct relationship with a Customer may not always be able to seek consent. For example, seeking consent may be impractical for a charity or a direct-marketing firm that wishes to acquire a mailing list from another organization. In such cases, the organization providing the list would be expected to obtain consent before disclosing personal information.
• Where appropriate, Comwave will generally seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sought after the information has been collected but before use (for example, when Comwave wants to use information for a purpose other than those identified above).
• In obtaining consent, Comwave will use reasonable efforts to ensure that a Customer is advised of the identified purposes for which personal information collected will be used or disclosed.
• The form of consent sought by Comwave may vary, depending upon the circumstances and type of information disclosed. In determining the appropriate form of consent, Comwave shall take into account the sensitivity of the personal information and the reasonable expectations of its Customers and employees.
• Comwave will seek consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate where the information is less sensitive. The use of services or products by a Customer or the acceptance of employment by an employee will be considered implied consent to collect, use and disclose personal information for all identified purposes.
• An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Comwave will inform the individual of the implications of such withdrawal. In order to withdraw consent, an individual must provide notice to Comwave in writing.
• With respect to personal information already collected by Comwave prior to the publication of this policy, this policy will constitute reasonable notice to Comwave’s current Customers and employees of the purposes and uses for which such personal information has been collected. Should an individual object to these ongoing uses or disclosures, consent may be withdrawn upon providing notice to Comwave in writing.

Principle #4 – Limiting Collection

The collection of personal information will be limited to that which is necessary for the purposes identified by Comwave. Information will be collected by fair and lawful means.

Comwave collects personal information from its Customers and employees for the purposes described under Principle #2. Comwave may also collect personal information from such third parties as credit bureaus, employers, personal references or other third parties that represent they have the right to disclose the information.

Principle #5 – Limiting Use, Disclosure and Retention

Personal information will not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual, or as required by law. Personal information will be retained only as long as necessary for the fulfillment of those purposes.

Comwave may collect, use or disclose personal information without the individual’s knowledge or consent in certain circumstances as described in Principle #3.1. Comwave may disclose a Customer’s personal information to:

• Another telecommunications company for the provision of telecommunications services to that Customer;
• A company involved in providing communications directory services;
• A company involving in providing billing services;
• A person involved in the development, promotion, marketing or enhancement of Comwave’s services;
• A credit collections agency;
• Emergency services in an emergency situation;
• Comwave’s agents and affiliates;
• A person who, in the reasonable estimation of Comwave, is an agent of the Customer; and
• Any other third party, upon receiving the consent of the Customer or as required by law.

Comwave may disclose an employee’s personal information in the following circumstances:

• In the administration of that employee’s benefits;
• In providing references to prospective employers, upon receiving the consent of the employee; and
• As may be required by law.

Only Comwave’s employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about Customers. Comwave will retain personal information for only as long as required to fulfill the identified purposes or as required by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made anonymous according to the guidelines and procedures established by Comwave.

Principle #6 – Accuracy

Personal information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

The extent to which personal information will be accurate, complete and up-to-date will depend upon the use of the information, taking into account the interests of the individual. Information will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about that individual.

Comwave will update personal information about Customers and employees as and when necessary to fulfill the identified purposes or upon notification by the individual.

Principle #7 – Safeguards

Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

Comwave will protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The nature of the safeguards will vary depending on the sensitivity of the information that has been collected, the amount, distribution and format of the information, and the method of storage.

Comwave protects all personal information regardless of the format in which it is held. Our methods of protection include:

• Physical measures, such as filing cabinets which are kept locked when not in use and restricted access, both to Comwave’s place of business in general and to internal offices as well;
• Organization measures, such as security clearances and limited access on a need to know basis; and
• Technological measures, such as the use of passwords, firewalls and encryption.

Comwave makes its employees aware of the importance of maintaining the confidentiality of personal information. All of Comwave’s employees with access to personal information will be required as a condition of employment to contractually respect the confidentiality of personal information.

Comwave will protect personal information it discloses to third parties through contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

Principle #8 – Openness

Comwave shall make readily available to Customers and employees specific information about its policies and practices relating to the management of personal information.

Comwave will make information about its policies and practices easy to understand, including:

• The title and address of the person(s) accountable for Comwave’s compliance with the policy and to whom inquiries or complaints can be forwarded;
• The means of gaining access to personal information held by Comwave; and
• A description of the type of personal information held by Comwave, including a general account of its use.

Comwave will make this privacy policy available online at www.comwave.net/privacy

Principle #9 – Individual Access

Upon request, a Customer or employee shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

NOTE: In certain circumstances, Comwave may not be able to provide access to all the personal information it holds about a Customer or an employee. Exceptions may include information that is prohibitively costly to provide, information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, information that is subject to solicitor-client or litigation privilege, or, in certain circumstances, information of a medical nature. Comwave will provide the reasons for denying access upon request.

Upon request, Comwave will inform an individual whether or not the organization holds personal information about the individual, and will provide that individual with a reasonable opportunity to review any personal information which Comwave may possess about the individual. Comwave will allow the individual access to his or her personal information once the individual has provided Comwave with a written request application. Comwave will make the application available to Customers through Customer Service Representatives and to employees through the Human Resources Department. The application will include sufficient information to permit Comwave to provide an account of the existence, use, and disclosure to any third parties of this personal information. Comwave will use the application only for this purpose.

Comwave will respond to an application for individual access to personal information within a reasonable time and at minimal or no cost to the individual. The requested information will be provided or made available in a form that is generally understandable.

Comwave will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, Comwave will provide a list of organizations to which it may have disclosed information about the individual.

When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Comwave will amend the information as required. Depending upon the nature of the alleged inaccuracy, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.

When an alleged inaccuracy is not resolved to the satisfaction of the individual, Comwave will record the substance of the unresolved issue. When appropriate, the existence of the unresolved issue will be transmitted to third parties having access to the information in question.

Principle #10 – Challenging Compliance

An individual will be able to address a challenge concerning compliance with the above principles to Comwave’s Privacy Officer.

Comwave will maintain procedures for addressing and responding to all inquiries or complaints from its Customers or employees about Comwave’s handling of personal information.

Comwave will inform individuals who make inquiries or lodge complaints of the existence of relevant complaint procedures.

The person or persons accountable for compliance with this privacy policy may seek external advice where appropriate before providing a final response to individual complaints.

Comwave shall investigate all complaints. If a complaint is found to be justified, Comwave will take appropriate measures, including, if necessary, amending its policies and procedures.

All inquiries or complaints involving Comwave’s handling of personal information or compliance with this policy shall be directed to Comwave’s Privacy Officer. The Privacy Officer will respond to all such inquiries or complaints within 14 business days of receipt thereof. If necessary, the Privacy Officer will advise the Customer or employee of the existence of relevant complaint procedures. Further, if the Privacy Officer deems it advisable, the Privacy Officer may consult with external legal counsel prior to providing a final response with respect to any individual complaint. In any event, the Privacy Officer will make reasonable efforts to resolve all such complaints within 30 days of receipt of the initial complaint. If a complaint is found to be justified, the Privacy Officer will take reasonable measures to correct the situation, including amending Comwave’s policies and procedures if necessary.

For more information, please contact our Privacy Office as follows: E-mail: privacy@comwave.net

For VoIP services Comwave offers a form of 9-1-1 service (9-1-1 Dialing) that is similar to traditional 9-1-1 service but has some important differences and limitations when compared with Enhanced 9-1-1 service (E9-1-1) available in most locations in conjunction with traditional telephone service.  With both traditional 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre.  In addition, with E9-1-1 service, your call back number and address are visible to the emergency response centre operator.  With Comwave’s 9-1-1 service, your call is sent to a national emergency call centre.  The call centre operator will confirm your location information and then transfer your 9-1-1 call to the emergency response centre nearest your location.  You should be prepared to confirm your address and call-back number since the operator may not have this information.  Do not hang up unless told directly to do so and if disconnected, you should dial 9-1-1 again.

Your 9-1-1 Dialing service is enabled when you activate your Comwave VoIP service.  You should ensure your location information is kept current at all times.  This information can be updated through the Comwave website under the 9-1-1 section within the “Business Care” portal.  In case you are not able to speak during the 9-1-1 call, the operator will dispatch emergency response vehicles to your last registered address.  Remember that you must update your 9-1-1 information if you move your device to a different location, travel in Canada with your Home Phone service, and if you add a new line to your account.

Remember that your 9-1-1 Dialing service will not function in the event of a power or broadband outage or if your broadband, ISP or Comwave service is suspended or terminated.  We suggest purchasing a UPS (uninterrupted power supply) from a local retailer to ensure that your VoIP Equipment stays powered during short power failures.

You should inform all telephone users who may be present at the physical location where you utilize your VoIP Equipment, of the important differences and limitations of VoIP 9-1-1 Dialing service as compared with E9-1-1 service as set out above.

Traveling with 9-1-1

Unlike traditional phone lines, you can use your Comwave VoIP services anywhere.  Comwave VoIP services are portable to any location with broadband Internet access.  Since the national emergency call centre uses the address you provide to determine the nearest emergency response centre, you must update your new location when you move, or travel with your Comwave VoIP services in Canada or the USA.  Simply log into “Business Care” at http://businesscare.comwave.net, and click on the 9-1-1 Address option to update your address.

Customers traveling outside of the USA and Canada will not have 9-1-1 Dialing services.

Commission for Complaints for Telecom-television Services (CCTS) is an independent agency whose mandate is to resolve complaints of consumers about their telecom and TV services, and complaints of small business customers about their telecom services, free of charge. If you have a complaint about your telephone, wireless, internet or TV service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

1.1. Services. The Services, the prices for those Services that will apply during the initial term of this AGREEMENT. Any additional services that CUSTOMER elects to order from DIGITCOM shall be provided upon the terms and conditions of this AGREEMENT, together with such additional terms and conditions as the parties agree upon (the services described in this AGREEMENT, such Attachments and such additional services are referred to in this AGREEMENT as the “Services”).

1.2. Changes to and Interruption of Services. The Services shall be subject to such modifications, additions and deletions as DIGITCOM may determine from time to time. To maintain or improve the Services, to prevent fraud, on any material breach by CUSTOMER of this AGREEMENT (including any non-payment), DIGITCOM may restrict, interrupt, modify or terminate the Services provided hereunder without notice, provided that DIGITCOM shall make commercially reasonable efforts to give advance notice thereof. DIGITCOM does not perform planned maintenance to the network or services during business hours.

CUSTOMER acknowledges their former carrier will not accept line cancellation orders from unauthorized third parties.In the event that pre-existing analog or other lines need to be cancelled as a result of changes based on this AGREEMENT, it is the CUSTOMER’s responsibility to cancel those lines after the installation work on this order has been completed.

1.3. Installation. CUSTOMER acknowledges that problems beyond the control of DIGITCOM (including, without limitation, facility problems, incorrect or incomplete Customer information supplied by CUSTOMER or unavailability) may delay installation dates for the Services. DIGITCOM shall schedule all installations, where required, by appointments with CUSTOMER based upon the information supplied by CUSTOMER to DIGITCOM.

2.1. Fees. CUSTOMER agrees to pay to DIGITCOM the fees and other charges described relating to the Services set forth in this AGREEMENT. All prices set forth in this AGREEMENT are exclusive of applicable federal and provincial taxes. CUSTOMER shall be responsible for all installation and monthly charges for each Service ordered for the duration of the term and amendments thereto as agreed by the parties. Charges will commence as of the activation date for the applicable Services. DIGITCOM will invoice CUSTOMER monthly for charges for the Services on the customary billing date, except that CUSTOMER may not be invoiced until the charges are $2.00 or more. CUSTOMER will not be responsible for paying any charge for Services that is first invoiced more than 365 days after the date on which the charge was incurred. CUSTOMER must pay amounts invoiced by the due date specified on the invoice, failing which CUSTOMER will be charged interest on outstanding past due amounts at the rate of 2% per month (24% per annum), or such other rate as DIGITCOM may set from time to time. The invoice will include, and CUSTOMER 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) ($15.00 per returned cheque).

2.2. Price Protection. Except as expressly set forth in this AGREEMENT, the standard prices for the Services will be firm throughout the initial term of this AGREEMENT. Subject to annual inflationary adjustments, DIGITCOM will not increase Fees during the term of this AGREEMENT.

2.3. Billing Procedure. On the customary billing date DIGITCOM will provide to CUSTOMER an invoice for all Fees relating to the Services for the applicable billing period and CUSTOMER shall pay all such amounts within thirty (30) days following the date of the invoice. CUSTOMER must bring invoice inquiries and disputes to Digitcom’s attention within 45 days of the invoice date or CUSTOMER will be deemed to have accepted the invoice as accurate in all respects. DIGITCOM will review any disputed charge, provided CUSTOMER continues to pay the undisputed portion and subsequent invoices.

2.4. Early Termination and Other Fees. Each Service shall be on a three year term, unless specifically indicated otherwise, and shall auptmatically renew for equal successive Terms, unless Customer has provided 30 days written termination. If CUSTOMER terminates the Services prior to the expiry of the Term or any subsequent Term, CUSTOMER shall pay to DIGITCOM in one lump sum a deficiency fee equal to 100% of the Monthly Rate for such services times the number of months remaining in the Term. Each Service, line, circuit, user license and the like, used by the CUTOMER, shall each have their own individual three-year Contract Term commencing from the date of activation by DIGITCOM. CUSTOMER shall be liable for all costs incurred by DIGITCOM arising from Early termination of any connectivity ordered BY CUSTOMER from DIGITCOM. DIGITCOM shall have the right to apply any deposits, advance payments or other credit balances attributable to CUSTOMER in satisfaction of any termination or other Fees arising under this AGREEMENT.

3.1. Renewal. This AGREEMENT shall automatically be renewed for successive three-year terms on the expiration of any term unless, at least 30 days prior to the expiration, DIGITCOM or CUSTOMER delivers a cancellation and non-renewal notice to the other party, in which event this AGREEMENT shall terminate at 11:59 p.m. on the day of expiration.

3.2. Termination by Either Party. Either party may terminate this AGREEMENT upon written notice to the other in the event that the other party (i) is in material breach of a provision hereof and such breach is not cured within thirty (30) days after written notice of such breach (and for purposes of this clause, late or non-payment by CUSTOMER constitutes a material breach), or (ii) CUSTOMER becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors, if such proceedings are not dismissed within sixty (60) days after commencement.

3.3. Termination by Digitcom. DIGITCOM may at its discretion refuse to provide Services to CUSTOMER or Terminate the Agreement:

4.1. Security Disclaimer. Although DIGITCOM may provide basic installation and operational security guidelines with its Services, CUSTOMER shall be solely and exclusively responsible for the control, operation and security of communications made through access to or use of the Services, however caused. CUSTOMER is responsible and liable for all charges and for all the Services furnished to the CUSTOMER by DIGITCOM, including without limitation, all calls and services: (a) originating from or accepted at its telephone lines or terminal equipment; (b) made using any number, calling card number, or authorization code given to the CUSTOMER; or (c) made using any facility used to provide access to the DIGITCOM services from the terminal equipment of the CUSTOMER. The CUSTOMER shall be responsible and liable for paying for all calls originating from and charged calls accepted at its lines or terminals, regardless of who made or accepted them, whether such calls are made or accepted with or without the authority, knowledge or consent of the CUSTOMER. DIGITCOM will apply, at request of CUSTOMER, a billing cap limiting the maximum billing to be applied in a billing period. This limit request must be requested in writing by CUSTOMER, acknowledged as received by DIGITCOM and forms part of this AGREEMENT.

By subscribing to this service, CUSTOMER accepts all liability for any service related charges billed to CUSTOMER’s account, including user-caused damage to the telephone line or central office equipment as a result of attaching faulty or unauthorized equipment to the line.

DIGITCOM shall not be liable for any claim by or against CUSTOMER arising out of or related to the actions of any person resulting in: (i) alteration, theft or destruction of computer programs, information, data files, procedures or other property of CUSTOMER, or (ii) any losses or damages CUSTOMER may suffer in connection with CUSTOMER’s use or inability to use the Services. DIGITCOM may interrupt your Services at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required. DIGITCOM’s liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, equipment or facilities, or for any other action or inaction of DIGITCOM, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request. Under no circumstances shall DIGITCOM be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable. DIGITCOM is not liable for:

• any disruption or unavailability of the Services, including without limitation, any disruption or unavailability of emergency 911 service;
• any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
• CUSTOMERs conduct, acts or omissions, or the operation or failure of your equipment or facilities;
• DIGITCOM’s failure, for any reason, to activate any Services on the activation date CUSTOMER requested or activation date provided to CUSTOMER by DIGITCOM; or
• any defacement of, or damage to, your premises resulting from the attachment or removal of any instruments, apparatus or associated wiring or equipment furnished by DIGITCOM on your premises.

4.2. Directory Listings

• If CUSTOMER subscribes to DIGITCOM local service, CUSTOMER’s telephone numbers may be published in the telephone directory for your area unless CUSTOMER makes appropriate arrangements to have such telephone numbers removed from the directory (unlisted), and pay any corresponding service charges when due.
• In the case of errors or omissions in the directory listings, whether or not the error or omission is with regard to telephone numbers, individual names or business names, DIGITCOM’s liability with regard to any such errors or omissions is limited to a refund or credit of any charges associated with the listings in question for the period during which the error or omission occurred.

4.3. No Indirect Damages, Etc. Under no circumstances will DIGITCOM be liable to CUSTOMER for any indirect, special or consequential damages, exemplary, aggravated or punitive damages, compensation for loss of profits, anticipated revenue, savings or goodwill, other economic loss of CUSTOMER or any costs, expenses or interest related thereto, under any theory of law or equity, arising out of or in any way related to the Services. CUSTOMER obtains no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services.

4.4. Force Majeure. Notwithstanding any other provision set forth in this AGREEMENT, DIGITCOM shall not be liable for any failure or delay in its performance under this AGREEMENT (including any changes to or failure to continue to provide the Services or services contemplated herein) due to any cause beyond DIGITCOM’s reasonable control, including, without limitation, acts of God, earthquake, inclement weather including lightning, flood, fire, sabotage, labor dispute, riots or civil disputes, war or armed conflict, any law, governmental act or order, decision or regulation, or order of any court of competent jurisdiction; or change in regulatory requirements affecting telecommunication companies similarly situated with DIGITCOM generally, or failure of third-party telecommunications transport facilities or of power generation or transmission; provided, however, that DIGITCOM shall (i) give CUSTOMER prompt notice of such cause, and (ii) use DIGITCOM’s reasonable commercial efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements.

E911 Service Notification: If CUSTOMER subscribes to IP based services provided by DIGITCOM, CUSTOMER is advised VoIP services, while appearing similar to traditional telephone calling services, creates unique limitations and circumstances. CUSTOMER acknowledges and agrees differences exist between traditional telephone service and VoIP telephone services and acknowledges having read, understand and accepts the 911 service information at http://www.hostedpbx.ca/911-info/

DIGITCOM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES REGARDING ANY SERVICE, PRODUCT OR FACILITIES PROVIDED BY DIGITCOM TO CUSTOMER (INCLUDING WITHOUT LIMITATION, THOSE RELATING TO: (i) NETWORK TRANSMISSION CAPACITY; (ii) WHETHER DATA WILL BE TRANSMITTED IN AN UNCORRUPTED FORM; (iii) THE SECURITY OF ANY TRANSACTION; (iv) THE FAULT TOLERANCE OF THE SERVICE OR THE SUITABILITY OF SAME FOR HIGH RISK ACTIVITIES; OR (v) THE RELIABILITY OR COMPATIBILITY OF THE FACILITIES (INCLUDING EQUIPMENT) OR SOFTWARE OF THIRD PARTIES WHICH MAY BE UTILIZED BY DIGITCOM IN PROVIDING, OR BY THE CUSTOMER IN USING, THE SERVICE), WHETHER EXPRESS OR IMPLIED IN LAW OR IN FACT, OR IN WRITING, EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT. THE CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE MADE BY DIGITCOM OUTSIDE OF THIS AGREEMENT.

By using any Digitcom Service you consent to these terms and conditions.