Terms and Conditions

Last updated January 23, 2015

Definitions

“Services” or “service” means, collectively, the services and products that you have selected and are receiving from SwitchWorks.

“Customer” or “you” or “your” means and refers to you, the subscriber to the Service.

“We” or “our” or “us” or “SwitchWorks” means and refers to SwitchWorks Technologies Inc., its subsidiaries and affiliates.

How the Terms and Conditions Apply

By using the Service, you agree to comply with all of the terms and conditions herein.

The terms and conditions of use include additional terms applicable to your services. Additional terms include the Acceptable Use Policy and terms and conditions specific to your services. These terms and conditions represent the complete agreement between us with respect to the Service and supersede any previous agreement.

SwitchWorks reserves the right to revise at any time the terms and conditions applicable to the Services. Such changes shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Use of the Services by you after such notice shall constitute acceptance by you of the revised terms and conditions.

Customer Responsibilities

The Customer is solely responsible for all access to, and use of, the Services subscribed to by the Customer including any breach of the terms and conditions by the Customer or any user of the Customer’s subscribed services.

The Customer is solely responsible for Customer or other persons’ actions that affect service and the Customer is responsible for any fees or termination of service obligations resulting from such actions. Such actions include, but are not limited to, the cancellation of the Bell phone line on which the Customer’s SwitchWorks services are provided.

The Customer agrees to provide SwitchWorks with a valid e-mail address and to monitor that address for correspondence from SwitchWorks. All e-mail correspondence from SwitchWorks will be sent to the e-mail address you provide. It is your responsibility to notify us of changes to your e-mail address.

You are responsible for paying all charges to use and access the Service. We will recognize only you as the person or business authorized to accept, utilize, manage, modify or terminate the Service.

Invoices and Payment Terms

We will invoice you in advance for services. Payment for services is due in full on or before the due date shown on your invoice. Overdue accounts are subject to a Late Payment Charge of 3% per month on all overdue amounts. If payment is not received by the due date, your service will be suspended on the next business day. To restore your service, you must contact us and pay the amount due plus a $50 re-activation fee. Your service will be re-activated once your payment has cleared. Account changes, including cancellations, will only be made on accounts that are paid current. Your account will remain active and you will continue to receive bills and be responsible for payment until your account is paid current. If your account remains suspended for more than five business days, it may not be possible to re-establish your service due to redeployment of facilities, however, you remain responsible for paying the amount owing on your account.

If you are a new customer, you must make your first payment by credit card. Subsequent payments may be made by any of our other accepted payment types.

Payment types accepted are credit card (Visa, MasterCard or American Express), direct debit, online banking, cash, certified cheque, money order, or cheque. Should a payment be rejected by your financial institution for any reason, you will be charged an administration fee of $45.00.

If you pay by cheque and your cheque is denied by your financial institution as non-negotiable, you must pay your account and all future invoices with one of our other accepted payment types.

Credit on account will be applied against outstanding or future invoices. On request by a customer, and subject to a $25 administration fee, credit on account can be refunded on a credit card, or can be refunded by direct debit or ETF on the next monthly cycle.

You must bring invoice disputes to our attention within 30 days of the invoice date. If you do not submit a dispute within 30 days of the invoice date, it will constitute acceptance of the invoice as accurate.

If you are a residential customer, invoices will be sent to you by e-mail.

Term of Service

The Service is for an initial term as agreed to by you and SwitchWorks and shall automatically renew at the end of the initial term unless terminated by either party in accordance with these terms and conditions. The renewal will be on the same plan (if still available) or the then comparable plan.

General Cancellation or Termination of Service

Unless otherwise provided for in our Terms & Conditions, all sales are final and no refunds will be issued. This applies to all services, including, but not limited to, Internet access, point-to-point services, hosting, co-location services, anti-spam, domains, e-mail packs, dial-up, and site design tool.

There are no refunds for early cancellations, partial terms, or for any fees.

We require 30 days advance written notice to terminate your service. The only exceptions are Internet and phone services which may be cancelled effective the end of the current billing period. To cancel your service, your cancellation request must be sent by e-mail to accounts@switchworks.com.

You will have entered into a binding contract with SwitchWorks when your order for service is confirmed.

If you cancel your order subsequent to order confirmation and prior to activation of the Service, you will be charged a cancellation fee. The cancellation fee is a reasonable estimate of costs associated with the administration and preparation for your service setup. You are also responsible for non-refundable fees associated with your service.

We reserve the right to terminate any service to you immediately and without notice for cause in the event that you breach these terms and conditions. We may, at our sole discretion, suspend service while we investigate the alleged breach of this Agreement.

Early termination fees and/or liquidated damages are exclusive of fees and remedies with respect to third party complaint organizations.

In the sole discretion of SwitchWorks, any balance on account at the time of termination may be applied to other services, remedies, or fees including, but not limited to, fees and remedies associated with any third party complaint organizations.

Privacy

We collect and use personal information about you and your use of our products and services to:

  1. initiate and maintain our relationship with you in connection with our products and services.
  2. administer billing and accounting services and security measures in relation to your business with us.
  3. promote and market additional products and services offered by us, including by means of direct marketing.
  4. provide you with personalized features and services.
  5. comply with any legal and regulatory requirements.

Minimum System Requirements

The minimum system requirements to access and use the service may change from time to time. You understand and acknowledge responsibility to ensure that your equipment meets the latest minimum requirements stated by us as being necessary to use the service. Accordingly, should your equipment no longer be adequate to access the service, you must upgrade and/or replace your equipment at your own expense. You expressly agree and acknowledge that, should you decide to forego upgrading and/or replacing your equipment, your sole recourse shall be the cancellation of the service in accordance with the cancellation terms contained herein.

Warranty

Your sole remedy for warranty is that we will replace any defective equipment. The customer is solely responsible for all shipping costs for warranty replacements and repairs.

SwitchWorks shall not be liable for any indirect or consequential damages whatsoever resulting from the installation and/or removal of our equipment from your premises or from the presence of, or operation of, our equipment on your premises.

Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more services where necessary facilities, equipment or services are not available for any reason whatsoever.

Service Interruption

We may temporarily suspend our service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for:

  1. any such suspensions of service.
  2. the termination of service pursuant to these terms and conditions.
  3. suspension or termination of service due to your non-payment of amounts due.
  4. suspension or termination of service due to your unlawful or improper use of facilities or service by you.
  5. your inability to access any services.

Force Majeure

We shall not be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, strikes, lock-outs or other labour or industrial disturbances, accidents, fires, explosions, weather conditions materially preventing or impairing work, inability to secure fuel, power, materials, contractors or labour, mechanical breakdown, failure of equipment or machinery, delays in transportation, wars, civil commotion, riot, sabotage, applicable legislation and regulations there under, interruptions by government or court orders and future orders (lawful or otherwise) of any regulatory body of competent jurisdiction, or other similar events beyond our reasonable control that may prevent or delay such performance, but shall not include financial difficulty.

Copyright

All the information contained or accessible through this website is protected by copyright of SwitchWorks or its content suppliers. Users of this website shall not otherwise use, redistribute, retransmit, reproduce or publish such information without the written consent of the copyright holder.

Trademarks

SwitchWorks, Whip TV and Prestige Internet are trademarks; and WHIP and Whip The Web are registered trademarks of SwitchWorks Technologies Inc. All other products, services and company names mentioned in this website may be trademarks of other owners.

Users of this website may not use any logos or product or service names displayed on this Web site without the written permission of SwitchWorks or the relevant owner of the trademark or registered trademark.

Governing Law

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province of Ontario, and the Federal laws of Canada applicable in said Province.

The Service originates in Canada and is directed to residents of Canada and USA.

You may be subject to other local, provincial, State and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Commissioner for Complaints for Telecommunications Services (CCTS)

Keywords for this section are: complaint, dispute, agency, CRTC, CCTS, Commission, Ombudsman

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with SwitchWorks at support@switchworks.com or 416-531-8750. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.

To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

In the event of premature, frivolous, malicious, or punitive complaints to CCTS by customers, or if the resolution achieved through the CCTS complaint process is equal to or less than the resolution offered to the customer prior to filing the complaint with CCTS, or if the complaint is submitted to CCTS prior to the customer attempting to resolve the complaint in good faith at the second level of escalation, then SwitchWorks may in its sole discretion exercise all the rights and remedies available under applicable law including seeking remedy for time, materials, CCTS fees, legal fees, and all costs associated with the complaint.

CRTC

Telecommunications services in Canada are regulated and supervised by the Canadian Radio-television and Telecommunications Commission (CRTC). The terms and conditions of the Services may change without notice to accommodate CRTC orders, decisions and policies.

Limitation of Liability

SwitchWorks Technologies Inc. shall not be liable to the customer for punitive, special, consequential, incidental or indirect damages including without limitation, lost profits, lost revenues, or loss or damage to data, arising out of the use or inability to use services, even if SwitchWorks Technologies Inc. has been advised of the possibility of such damages. Neither SwitchWorks Technologies Inc. nor its officers, directors or employees may be held liable for (i) any claim, damage, or loss (including but not limited to profit loss), or (ii) any damage as a result of service outage, data loss.

SwitchWorks Technologies Inc. disclaims all other warranties, express or implied, including the warranties of merchantability, durability and fitness for a particular, or any, purpose and the services are provided on an as is and as available basis.

The customer hereby waives any and all such claims or causes of action arising from or relating to any service outage and/or inability to dial 911 from his customer phone line or to access emergency service personnel. Subject to the provisions of this agreement, SwitchWorks Technologies Inc. does not provide any other warranties of any kind, either express or implied, including without limitation the warranties of merchantability and fitness for a particular purpose.

The customer agrees to defend, indemnify, and hold harmless SwitchWorks Technologies Inc., its officers, directors, employees, affiliates, agents, legal representatives and any other service provider who offers services to the customer or SwitchWorks Technologies Inc. in relation with the present agreement or the service provided, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, the customer, any third party or user of the customers’ service relating to the absence, failure or outage of the service, including 911 dialling and/or inability of the customer or any third party or user of their service to be able to dial 911 or to have access to emergency service personnel, as well as any misroutes of 911 calls, including but not limited to their provision of incorrect information to SwitchWorks Technologies Inc. or the 911 database in connection therewith.

The customer agrees, acknowledges and confirms that the limitations of liability set out in this section are fair and reasonable in the commercial circumstances of this agreement and that SwitchWorks Technologies Inc. would not have entered into this agreement but for the customer’s agreement to limit SwitchWorks Technologies Inc’s liability in the manner, and to the extent, provided for herein.

Indemnification of SwitchWorks

The Customer indemnifies and holds SwitchWorks, its directors, officers and employees harmless against all claims, loss, damages, liability or expenses that SwitchWorks and/or the Customer may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with the Customer’s use of the Services. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by the Customer of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by SwitchWorks in connection with any legal, collection or other proceedings brought by SwitchWorks against Customer related to this Agreement.

Enurement/Assignment

These terms and conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.

Unenforceable Provisions

If any part of these terms and conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these terms and conditions.

9-1-1 Service Provisions

Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.

Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record in the 9-1-1 database. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

How your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

Failure of service or your service access device – if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations – if you move your system access equipment to a location other than that described in the 9-1-1 database.

Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, SwitchWorks recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

Liability:
Customers are advised to review this section with respect to SwitchWorks’ indemnification and limitations of liability contained herein.

DSL Services and Technical Support

Your service includes speeds that are up to the advertised speeds of your service package. The advertised speeds are the maximum achievable speeds under the best possible conditions. Maximum speeds are not guaranteed. Your actual service performance will depend on factors such as:

  • Your distance from the nearest Bell point of presence;
  • The quality and integrity of the wiring from your premises to the point of presence;
  • The quality and integrity of the wiring inside your premises.

Performance can also be affected by factors such as:

    • Other devices plugged into phone jacks in your premises:
      • Fax machines
      • Computers
      • Phones
      • Security systems
      • Clock radios with built in phones
      • Cordless phone base stations
      • Incorrectly used line filters
      • Faulty cables
    • Other wiring on your premises interfering with your service
      • For example, a separate service going to an apartment in your premises and the separation of services hasn’t been done correctly.
    • Viruses, spyware, or malware on your computers using bandwidth without your knowledge.
    • Peer to peer traffic such as torrents using up your bandwidth and making your service appear slow when it’s actually fine.
      • Consider setting bandwidth limits on peer to peer traffic so it doesn’t impact your other Internet activities.
      • Note that if your upload bandwidth is being choked by torrents, your other activity such as browsing and e-mail will be slow because of it. Using the Internet requires two-way traffic (making requests and getting responses). If your upload bandwidth is choked, it will interfere with your ability to do things like loading a web page, sending and receiving e-mail, etc.

Our Responsibility

  • Our equipment supplied to you for the duration of the equipment’s warranty.
  • Network services from the Bell demarcation point at your premises through the SwitchWorks network.

Your Responsibility

  • Wiring from the Bell demarcation point into your premises.
  • Wiring inside your premises.
  • Your computer equipment.
  • Your network equipment.
  • Your software.
  • The installation, operation and maintenance of your wiring, computers, networks, and software.

Demarcation Point

The demarcation point (or demarc) is the point at which Bell’s wiring ends and your wiring begins. In newer homes, the demarc is an outside, weather resistant box with a phone company logo. In older homes the demarc is a wiring block inside the premises.

Technical Support and Service Charges

Your service includes basic technical support by telephone from our technical support centre.

Having a SwitchWorks technician onsite at your premises is available in the greater Toronto area at additional charge.

Opening a trouble ticket with Bell is available at additional charge. Technical support from Bell is not free.

Service calls are $99.95 plus tax, payable in advance. If we determine the problem to be in the SwitchWorks network, the service fee will be credited to your account and can be applied against future invoices. To be eligible for service call credits, you must work with us as required to resolve the problem prior to us calling Bell on your behalf or dispatching a SwitchWorks technician. If you decline to work with us to resolve the problem you will not be eligible for service call credits.

Generally, problems that are on the network side of the Bell demarcation point at your premises are not chargeable and problems that are on the customer side are.

Bell Technical Support and Service Charges

Your service is provided by SwitchWorks, however, the physical wire that connects your premises to the network is leased from Bell. If symptoms indicate the problem is with the facilities leased from Bell, then Bell must be involved to troubleshoot problems.

If Bell in its sole discretion determines that the fault was with Bell’s portion of your service, your service fee will be credited to your account and can be applied against future invoices. If Bell in its sole discretion determines that the fault was not with Bell’s portion of your service, your service fee will not be credited.

It is Bell’s responsibility to troubleshoot Bell’s portion of your service. Bell’s portion of your service consists of the connectivity from the Bell demarcation point on your premises through to the SwitchWorks network. The wiring, computers, equipment, networks, software, etc., inside your premises are not included in Bell’s portion of your service. It is important that you work with us to the best of your ability to resolve the problem prior to us calling Bell on your behalf because you will be charged for Bell services even if Bell cannot solve your problem.

Once a service call is placed with Bell, Bell may test your service from their network operations centre and/or dispatch a technician to your premises. The Bell demarcation point may be outside your premises which means the technician may be able to test your service without your involvement. In these cases you may not be aware that the service call has taken place, however, you are still responsible for the charges.

It can take three to four months from the time you report a problem until Bell is able to identify the call as billable or not. This is not in SwitchWorks’ control. It is the time it takes Bell to respond to and troubleshoot the problem, close the ticket, communicate the ticket information from Bell’s Support department to Bell’s Billing department, and the timing of the information transfer with Bell’s billing cycles. Credits for service fees will not be issued until Bell has provided SwitchWorks with notification that your service call was not billable.

Warranty

Under normal use and conditions we warrant:

  • purchased VDSL modems against defects in material or workmanship for 30 days from date of purchase.
  • purchased aDSL and aDSL2+ modems against defects in material or workmanship for as long as you remain a customer.
  • other purchased equipment against defects in material or workmanship for 12 months from date of purchase.

Your sole remedy for warranty is that we will replace any defective equipment. The customer is solely responsible for all shipping costs for warranty replacements and repairs.

SwitchWorks shall not be liable for any indirect or consequential damages whatsoever resulting from the installation and/or removal of our equipment from your premises or from the presence of, or operation of, our equipment on your premises.

Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more services where necessary facilities, equipment or services are not available for any reason whatsoever.

Cancellation or Termination of DSL Service

You will have entered into a binding contract with SwitchWorks when your order for service is confirmed.

If you cancel your order subsequent to order confirmation and prior to activation of the Service, you will be charged a $50 cancellation fee. The cancellation fee is a reasonable estimate of costs associated with the administration and preparation for your service setup. You are also responsible for non-refundable fees associated with your service setup such as, but not limited to, dry loop activation fee and local number porting fee.

We reserve the right to terminate any service to you immediately and without notice for cause in the event that you breach these terms and conditions. We may, at our sole discretion, suspend service while we investigate the alleged breach of this Agreement.

For monthly services, and quarterly services there are no refunds for early cancellation, partial terms, or for any fees.

For annual Internet service plans, the early termination fee is based on the regular advertised monthly rate for your service plan. The early termination fee is the remainder of your term or three months of service, whichever is less, plus the difference between the monthly and annual rates for the months that your service has been in operation for the current annual term.

Early termination fees and/or liquidated damages are exclusive of fees and remedies with respect to third party complaint organizations.

In the sole discretion of SwitchWorks, any balance on account at the time of termination may be applied to other services, remedies, or fees including, but not limited to, fees and remedies associated with any third party complaint organizations.

To cancel your service, your cancellation request must be sent by e-mail to accounts@switchworks.com.

Internet Traffic Management Practices (ITMP)

SwitchWorks reserves the right to manage our network. As a condition of service, the Customer gives explicit consent to the use of Technical Internet Traffic Management Practices.

How the ITMP will affect a user’s Internet experience, including the specific impact on speeds

In times of peak usage or network congestion, ITMPs ensure an aggregated fair share allocation of total network bandwidth to all Internet traffic types, with priority given to time-sensitive traffic. At all times, aggregated BitTorrent traffic has an allocation of 25% of total residential DSL network bandwidth capacity. Individual users may achieve higher than 25% allocation to BitTorrent traffic on their specific connection if aggregated BitTorrent bandwidth is available. Any individual user’s speed for any particular traffic type depends on capacity available and aggregate demand for that traffic type at that time. Fair share allocation applies to aggregated network bandwidth and does apply to users on an individual basis.

Why ITMPs are being introduced

SwitchWorks introduced ITMPs to keep residential Internet services affordable and to facilitate bandwidth availability for time-sensitive traffic such as voice over IP (VOIP), real-time audio, real-time video, and gaming.

Who is affected by the ITMP

All residential DSL users.

When the Internet traffic management will occur

Fair share traffic management is in operation at all times.

What type of Internet traffic (e.g. application, class of application, protocol) is subject to management

All residential DSL Internet traffic types are subject to fair share traffic management.

Acceptable Use Policy for Residential Internet Subscribers

Introduction

SwitchWorks is committed to protecting the usefulness and enjoyment of the Internet. The Internet is a shared resource that must be used reasonably, responsibly, and within the law.

As a SwitchWorks customer, you agree to abide by the terms of this Acceptable Use Policy (AUP). Any violation of this AUP will constitute a violation of the terms of your Service Agreement and may result in the termination of such Service Agreement and/or suspension of your Service.

General

The Customer is solely responsible for all access to, and use of, the Services through the Customer’s account and connection, including any breach of the Service Agreement by the Customer or any user of the Customer’s account or connection.

The Service is solely for personal and non-commercial use.

Acceptable Use

The Service may not be used:

  • In any way that creates an unusually large burden on our network, including, without limitation, use of the Services in an abusive manner in connection with any unlimited plans.
  • In any way that restricts or inhibits any other user from using or enjoying the Service or the Internet.
  • To post or transmit messages constituting “spam”, which includes, but is not limited to, unsolicited e-mail messages, inappropriate postings to news groups or forums, false commercial messages, libel, or any other abuse of Internet media.
  • To post or transmit any information or software that contains a virus, malware, or other harmful or disruptive component.
  • For any use that constitutes a criminal offence or violation of law.
  • To violate copyright, intellectual property rights, or other proprietary or other contractual rights.
  • In such a manner so as to avoid incurring charges for use of the Service.
  • To disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede our ability to monitor or deliver the Services, our transmissions or data.
  • To interfere with computer networking or telecommunications service to or from any Internet user, host, provider, or network.
  • To violate or attempt to violate any system or network security measures.

Violation of the Acceptable Use Policy

SwitchWorks may take any responsive actions we deem appropriate. Such actions may include, without limitation, the immediate suspension or termination of all or any portion of the Services, the implementation of Internet traffic management practices.

If the Customer exceeds reasonable usage limits, as determined by SwitchWorks, SwitchWorks may take any responsive actions it deems appropriate. Such actions may include, without limitation, a reduction of the Customer’s bandwidth capacity and/or the immediate suspension or termination of all or any portion of the Services or the Customer’s account. Any reduction in bandwidth capacity will not degrade the Service to the extent that it will interfere with the transmission of time-sensitive audio or video traffic; nor will it slow the transmission of non-time-sensitive traffic to the extent that it would amount to blocking or controlling the content, or influencing its meaning and purpose. Any reduction in bandwidth capacity shall be limited to profiles (i.e. download/upload speed) in the range of the Service currently subscribed to by the Customer.

SwitchWorks shall have no liability for any such responsive actions. The above described actions are not exclusive remedies and SwitchWorks may take any other legal or technical action deemed appropriate. Upon termination of an account, SwitchWorks is authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

If you subscribe to our residential home phone services, the Service and the hardware are provided to you solely for residential use. You shall not resell or transfer the Service or the hardware to another party without our prior written consent. You are prohibited from using the Service or the hardware for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting, or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service if we determine, in our sole and absolute discretion, that your use of the Service or the hardware is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our rates for business service for all periods in which your use of the Service or the hardware was inconsistent with normal residential use.