Terms of Service

YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN YOU THE SERVICE PROVIDER. THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS INTERNET SITE AND THE TELECOMMUNICATIONS AND/ OR LONG DISTANCE AND INTERNET PRODUCTS AND SERVICES OFFERED. EACH TIME YOU USE THIS SITE OR THE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATE AND CHANGED WITHOUT NOTICE TO YOU. THIS SECTION OUTLINES CONDITIONS APPLICAPABLE TO ALL SERVICES.

Use of the Site and the Service
The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If you are under the legal age of majority in the jurisdiction in which you live and wish to subscribe to the Service, please have a parent or legal guardian subscribe to the Service on your behalf.
Toronto Sun Call reserves the right to suspend or terminate your account if you provide incomplete or inaccurate information at the time of registration or any time thereafter.
You agree: (i) not to do anything to interfere with other users of the Service, (ii) not to impersonate any person or otherwise misrepresent your affiliation with a person or entity when using the Service, (iii) not to use the Service in a manner which would is a criminal offense or violate the rights of any party, (iv) not to use the Service to send unsolicited messages, and (v) not to use the Service for any unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory or otherwise harmful purpose.

Limitation of Liability
Toronto Sun Call exercises no control whatsoever over the content that passes over Toronto Sun Call's network. Use of any information obtained via Toronto Sun Call, is at User's risk. Neither Toronto Sun Call, nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted, like all other ISP’s.

Subscription Term
You may subscribe for the Service on either a monthly or annual basis. The Service shall be deemed to begin on the date on which Toronto Sun Call activates your Service and shall end on: (i) the day before the same date in the following month for monthly subscriptions or for yearly the day before the same date in the immediately following year. Unless otherwise stated by you your subscription will automatically renew without further action by you unless you provide Toronto Sun Call with written notice.

Fees – All services
Toronto Sun Call reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees.
Fees include, but are not limited to, the $10 annual fee that currently applies only to long distance and the regular monthly fees. All fees collected by Toronto Sun Call are non-refundable unless Toronto Sun Call cannot provide service to you. It is your responsibility to alert Toronto Sun Call within 7 days.   
Any monthly fees may be paid using Visa, Mastercard or American Express. Annual fees may be paid using Visa, Mastercard, American Express, certified cheques or personal cheques where indicated (if subscribing to the Service over the phone). An extra $5.00 processing fee is applicable to annual payment made with a personal or certified cheque.
You are responsible for, all taxes now or enacted in the future for use of the Services.
If you are paying by credit card and your credit card expires, your billing address changes or the card is cancelled and replaced as a result of loss or theft, you must advise Toronto Sun Call at once.
You must notify Toronto Sun Call in writing within 7 days after receiving your credit card statement if you dispute any of Toronto Sun Call’s charges on that statement or such dispute will be deemed waived. Billing disputes should directed to: Sara Bergeron, Controller, Phone: 416-848-4295, Fax: 519 885 9784, Email: administration@worldline.ca.
If paying by credit card, your initial use of the Service authorizes Toronto Sun Call to charge the credit card account number on file with Toronto Sun Call for fees and taxes. This authorization will remain valid until thirty (30) days after you provide Toronto Sun Call with written notice of your intention to terminate your subscription to the Service

If paying by personal cheque, service will not be active nor able to be used until such time that the payment has cleared through Toronto Sun Call. Paying by cheque requires the addition of $5 to first payment.  Failed cheque payments will be assessed an additional handling fee.
Toronto Sun Call will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit limits or available bank account balances. If payment is declined in any form User's account will be suspended until paid.
If payment is by check, payment due dates are upon User's signup date.
 
Accounts in default may be subject to a minimum interest charge of 2.5% per month.

In the event that Toronto Sun Call is unable to collect payment for any reason, Toronto Sun Call will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended.
In very rare cases Toronto Sun Call reserves the right to terminate your access to the Service by providing you with forty-five (45) days prior written notice. In such an event, Toronto Sun Call may at it’s discretion refund to you a pro-rated amount of any prepaid amounts received from you based on the number of full months remaining in your prepaid term.

Accuracy of Information on the Site
Toronto Sun Call strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, Toronto Sun Call reserves the right correct such misprint or other error, without liability to Toronto Sun Call.

Termination of use of Site and Service
Toronto Sun Call reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site at anytime without notice to you.
Toronto Sun Call reserves the right to restrict or terminate Service if it is abused. The following list sets out what is deemed abuse: (i) using the Service for telemarketing purposes, (ii) using the Service for crank calling or prank calling purposes, (iii) using the Service for autodialing, modem or faxing (including, fax broadcasting and fax blasting) and/or (iv) using the Service in a manner which is inconsistent with normal expected residential use of the Service.

Right to Cancel
The registered user of this service may discontinue their Toronto Sun Call Service at any time for any reason with proper notice as defined below:
User must notify and provide a minimum of 30 days notice to Toronto Sun Call, via telephone to cancel Service. Cancellations receive no refunds were service has been delivered.

Privacy
For information on privacy issues please see Toronto Sun Call’s Privacy Policy. By accepting these Terms and Conditions of Use, you consent to our collection and use, of your personal information in accordance with Toronto Sun Call’s Privacy Policy without any further notice or any liability to you or any other person.

Site and Services are Provided “As Is” and “when available”
The Site and the Service are provided on an "as is" and "when available" basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of Toronto Sun Call. Security and privacy risks cannot be eliminated.

Waiver of Damages and Limitation of Liability
Toronto Sun Call shall not be liable for: (i) any delay or failure to provide the Service or (ii) any interruption or degradation of voice quality when you use the Service, including, without limitation, any such delay, failure, interruption or degradation caused by: (i) equipment, network or facility failure of any kind, (ii) the ISP or broadband service provider, (iii) any your acts or omissions or the acts or omissions of any other person or (iv) the act or omission of an underlying carrier, service provider, vendor or other third party.

User Information
Unless required by court order Toronto Sun Call will not publish User's name and will not make such information available to third parties.

Non-transferable
The right to use the Service is not transferable.

Intellectual Property Notices
Copyright © 2004 1597541 Ontario Inc., operating as Toronto Sun Call, Toronto Sun Call at 55 Northfield Drive East, Suite 210, Waterloo, Ontario N2K 3TK. All rights reserved.

The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of 1597541 Ontario Inc., operating as Toronto Sun Call and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service.
"Toronto Sun Call", together with all associated graphics, logos, and slogans, is a trade-mark of 1597541 Ontario Inc., and may not be used or reproduced without 1597541 ONTARIO Inc.'s express prior written permission.
Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.

Governing Law
These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.

Force Majeure
Neither party shall be liable for any breach of these Terms and Conditions of Use or for any failure in performance resulting from any cause beyond such party’s reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.

Contact Information and Notice
If you have any questions regarding these Terms and Conditions of Use or the Site generally, please contact Sara Bergeron, Controller, Phone: 416-848-4295, Fax: 519 885 9784, Email: administration@worldline.ca or, WorldLine, 55 Northfield Drive East, Suite 210, Waterloo, Ontario N2K 3TK.

Failure to Comply With Terms and Conditions
Toronto Sun Call may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Toronto Sun Call, in its sole discretion believes violates any of the terms and conditions in this Agreement.

Miscellaneous
User agrees to notify Toronto Sun Call, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to Toronto Sun Call,.

You agree to indemnify and hold harmless Toronto Sun Call and its alliance partners for any charges or penalties as a result using the service improperly i.e. calling long distance to the access number for any service or, pressing the SEND key on a cell phone twice. Only press SEND once after dialing the access number or you will be billed by your mobile provider.
You may access and make use of the Services solely for your own personal, residential use. The Service is to be used for voice only purposes. You may not resell or transfer the Service to any other person for any purpose, or charge any other person for the use of the Service.
You will not be able to use the Service if you currently make use of a call block feature on a cell phone. You will be required to contact your phone company to disable your call block feature if you wish to make use of the Service.

Prohibited Uses
User may not Send Spam when dialed into the network. The following types of E-mail sent constitute as Spam:

• Forged E-mails To/From address other than from the actual sender or to the actual recipient.
• Message subject not related to the E-mail body.
• E-mail not requested by the recipient.
• E-mails sent in bulk by sender.
• Mail bombs.

Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information which contains a virus, cancelbot, Trojan horse, worm or other harmful component.
 
Allow Users to run Maillist, Listserv or any form of auto-responds from User's account;

Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing
User agrees that the purposeful distribution of any E-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any E-mail messages sent while using the Toronto Sun Call, Service.

Fraudulent Content – Acceptable Use
User agrees to be held responsible for the distribution of fraudulent materials.
Toronto Sun Call, reserves the right to bill a users credit card if violating these terms results in costs of any kind to Toronto Sun Call.

Restricted Content
You agree not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities including pornography, obscenity, nudity, violations of privacy, hacking, computer virus, and any harassing or harmful materials or uses, as determined by us.
You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Minimum Re-Connect Limit
User understands they cannot log back on for a period of one (1) minute following the termination of their online session.

User E-Mail Account
Toronto Sun Call provides User with FOUR (4) '@Toronto Sun Call', e-mail accounts.

No System Backup
Toronto Sun Call does not and will not perform system backups on any User's E-mail account(s). Toronto Sun Call, shall not be held responsible for any lost E-mail data or any E-mail message contents. Storage for e-mail messages is set to 10 MB per account. E-mail data on our servers may be deleted at least every 21 days.

Your Responsibilities
You are responsible for getting and maintaining any software required to make use of your Toronto Sun Call.ca connection.
Toronto Sun Call.ca provides no warranties for any internet or email or other connection software you may run on your computer. We assume no responsibility for any damages that may result from the use of such software.
All accounts include shell access. You are responsible for ensuring that use of this account does not result in damage or disruption to Toronto Sun Call.ca internet service.
If you suspect someone may be using your account without your permission you are required to notify Toronto Sun Call.ca immediately. Otherwise you are responsible for any damages caused by such unauthorized use.

Service Support
Toronto Sun Call.ca will offer support for configuring internet and email programs, but cannot provide support for other system software.

Access Telephone Numbers
If you access the service as a long distance call Toronto Sun Call is not responsible for any charges incurred from dialing this number. 

Minimum System Requirements
You are responsible for ensuring that your computer meets the minimum system requirements. For Windows systems: Windows 95 (with original CD), Pentium 90 (Pentium 166 recommended), 32mb ram, 75 MB available on hard drive, free PCI slot for Ethernet card, CD-ROM drive. For Macintosh systems: Mac OS 7.6 with Open Transport 1.2 installed, PowerPC Processor 601, 32mb ram, 75 mb available on hard drive, CD-ROM drive, Ethernet support. If your computer does not meet these requirements Toronto Sun Call.ca is not responsible for any connection difficulties you may have.

Please Note the Following Account Information
Accounts are created upon receipt of payment and billed in advance. Toronto Sun Call bills one month in advance plus tax. Agreement for ADSL service is minimum of one year. Billing starts upon ordering then ten (10), flux days are added to allow for the 5-10 day setup.
A $20 shipping and handling fee applies. Your starter kit will arrive with in 5-10 business days.
Services require payment via credit card. Call to see if we can arrange other payment methods.
You are responsible for updating any information on your Toronto Sun Call.ca account.
You are allowed FOUR (4) @worldline.ca email accounts.

Additional Terms and Conditions for Toronto Sun Call.ca High Speed Service
Resale of bandwidth or any other part of the High Speed service provided by Toronto Sun Call.ca, for any purpose, is strictly prohibited.

These Terms and Conditions of Use constitute the entire agreement between the parties and supersede all prior agreements and discussions regarding the subject matter of these Terms and Conditions of Use.