This Agreement governs the provision and use of RALLY residential services which are comprised of Internet, HDTV and Home Phone services (individually referred to as a “Service” and collectively referred to as the “Services”). By:
(a) signing this Agreement,
(b) clicking “I agree” or otherwise electronically accepting the Agreement;
(c) agreeing verbally to the Agreement; or
(d) activating or using a Service, you accept and agree to comply with the Agreement, and agree to be responsible for all charges to your account.
For the purposes of this Agreement, “you” means you and every person you authorize to use the Services. You must not use the Services if you do not agree to the terms of the Agreement.
2. Authority to Enter Agreement. You confirm that you have reached the age of majority (in the province or territory in which you reside) and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
3. Term. Services are offered on a no-term (i.e. monthly) or fixed term basis. For fixed term Services, you and RALLY will agree to a minimum contract period. At the end of that contract period, the Service will continue to be provided to you as a no-term Service at RALLY’S then applicable rates, and you will keep that Service and the Agreement will continue to apply until they are changed or the Service is cancelled. You may cancel your Services at any time. If you subscribe to a fixed term Service that you cancel after the first thirty (30) days of service but before the end of its term, you will be charged the early cancellation fee set out in your subscription details listed at www.rally.ca/fees. For both no-term and fixed term Services, the term starts on the date Services are activated or installed, whichever is earlier.
4. Customer Account Responsibilities. You are responsible for:
(a) ensuring that others do not gain unauthorized access to your account and your Service, including protecting of all passwords used to access your account and the Services; and
(b) ensuring that anyone who uses the Services under your account or with your authorization complies with this Agreement.
You are solely responsible and liable for any and all activities that occur under your account. You must immediately notify RALLY of any unauthorized use of your account, your password, or any other security breach and you agree to cooperate and assist RALLY as required in such event.
5. Content. You acknowledge that the Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the Services may be inaccurate, offensive, harmful or in violation of applicable laws. RALLY recommends that minors using the Services be supervised by an adult. RALLY may, but is not obliged to monitor the content transmitted using the Services or the Equipment. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than Home Phone Services) or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with an agreement, or protect ourselves, our customers or the public.
6. Transfer of Services. You are responsible for cancelling any previous internet, television or home phone services with the applicable service provider. You acknowledge that cancelling your services directly with your current service provider prior to the activation of your RALLY Services may result in the loss of your current phone number and/or a gap in service.
7. Provision of Services. RALLY is not required to provide the Services where:
(a) the address for Service is located outside of RALLY’s service or licensed geographic area;
(b) you have failed to make payment of the amounts due for the Services and/or the rental Equipment; or
(c) RALLY would have to incur unusual expenses to bring the Services to your service location, which you do not agree to pay.
8. Moving. You must notify RALLY at least thirty (30) days prior to your moving date. If you move to a location that is outside of the area served by RALLY, these Terms of Service shall be terminated and you must return all rental Equipment to RALLY.
9. Customer Information. You will ensure that any information you have provided to us is up-to date and accurate, and you agree to notify us if it changes.
10. Credit Check. RALLY may conduct credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. RALLY may also disclose your credit history with RALLY to credit reporting agencies, credit grantors and collections agencies.
11. Amendments. The Agreement, our Services, prices for no-term Services and/or discount rates are subject to change at RALLY’s discretion upon written notice. In such cases, you will receive notice of such changes at least thirty (30) days before the effective date of such change. Notice to you may be delivered by way of email, bill message, postal mail, www.rally.ca, or other reasonable method. If you do not want to accept a change, you may cancel the Services in accordance with the Agreement.
12. Service Charges.
(a) The Services are pre-paid, reoccurring services which RALLY bills for in advance. You are responsible for all charges, fees and taxes properly billed by RALLY to your account, including charges for all video on demand and pay per view programming ordered from any set top box providing access to the Services, regardless of who ordered such programming. You are responsible for setting and securing a password on your set top box to prevent unauthorized purchases.
(b) The Service is provided in accordance with the monthly rates, installation fees, hardware, activation fee, and other fees, if any, identified to you upon placing your order for Services or as otherwise identified to you by RALLY. Fees and charges for partial months of Service use will be prorated, except upon cancellation of the Service. Separate and additional rates and fees, as specified by RALLY, may apply to the purchase of Equipment from RALLY required for use of the Service. You agree to pay all such fees and charges, including applicable taxes, incurred in connection with the provision and use of the Service, including without limitation the Equipment, in accordance with the rates and terms established by RALLY.
13. Pre-Authorized Credit Card Payments. When you sign up for any of our Services, you are required to provide a valid credit card or payment of all charges arising under your RALLY account. You authorize us to charge on your billing date each month the full amount of Services delivered to you during your billing cycle to the card you provided to us. You acknowledge that the amount billed to you each month may vary depending on applicable one-time charges or fees; previous unpaid balances and accrued interest carried over to the current billing cycle; and credit or debit adjustments. In the event your credit card information changes, you must notify us at least ten (10) business days in advance of your next billing date. Any declined payments are subject to an administrative charge. In the event of a payment default, any outstanding amount becomes immediately payable and due. You have sixty (60) days to make payment after a failed pre-authorized payment before your account is suspended for nonpayment. Failure to receive payment after the 10th day of renewal will result in the account being terminated for nonpayment. Note that a late fee, as set out at www.rally.ca/fees, will be charged in the event of late payment.
14. Additional Fees. RALLY may charge you additional amounts to offset administrative or service costs on account of non-payment, our collections efforts, changes you make to your fixed term Service subscriptions, disconnection or reconnection of Services as set out in this Agreement and amended from time to time. These amounts are posted on RALLY’s website, www.rally.ca/fees.
15. Installation. An adult (18+ years of age) must be present for installation. If no adult is at the residence during the confirmed installation appointment, the installation will not take place and you will be subject to the missed appointment fee as set out on www.rally.ca/fees. In no event will RALLY be responsible for any claims, damages, losses or expenses, including without limitation lost wages, in the event that an installation appointment is missed or cancelled, by you RALLY or by any third party installer. It is your responsibility to create data backups before the installation; RALLY will not be held responsible for any loss of data.
16. Connection Charges. RALLY may impose a charge a disconnection charge of each Service and a separate charge for reconnection of each Service, and the Customer shall pay to RALLY all expenses related to the reinstatement of the services following a suspension where such expenses may be incurred by RALLY following a reconnection request. Disconnection and reconnection charges are set out on www.rally.ca/fees.
17. Disputed Charges. If you disagree with any charges, fees or taxes appearing on your bill you must tell us within sixty (60) days of receiving your bill, otherwise you waive your right to dispute such charges.
18. Credit Approval. Orders are subject to credit approval and in the event of unacceptable credit risk. RALLY may interrupt some or all services or features without prior notice.
19. Discounts and Promotions. From time to time, RALLY may offer discounts or promotions on its Services. If certain eligibility requirements accompany such discounts or promotions, you will not be receive these discounts or promotions or will stop receiving these discounts or promotions if you do not meet or fail to continue to meet the eligibility requirements. Discounts and promotions are subject to change, substitution or cancellation at any time.
(a) “Equipment” means any device, equipment or hardware used to access the Services, or used in conjunction with the Services, including any set-top box, modem or other hardware purchased or rented from RALLY.
(b) Required Equipment. Equipment is required to access the Services. If you purchase Equipment from RALLY, it is and will remain your property. As such, if a Service is cancelled or terminated for any reason, you may keep the associated Equipment and other hardware you have purchased. If, however, you are unsatisfied with a RALLY Service, you may return the Equipment associated with that Service for a full refund within thirty (30) days of your order.
(c) Rented Equipment. You may rent Equipment from us for use in connection with the Services. You will be charged a monthly rental fee for rental Equipment. For all Equipment we own, you must:
i. take reasonable care of it;
ii. not sell, lease, mortgage, transfer, assign or encumber it;
iii. not re-locate it without our knowledge and permission; and
iv. return it to us at your own expense upon cancellation of the Services to which the Equipment is related.
If our Equipment is lost, damaged, stolen, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you must immediately notify us. You agree to pay us the full retail value of that Equipment, together with any costs we incur in seeking possession of it.
(d) Return of Equipment. Associated rental Equipment must be returned to RALLY within 30 days of termination or cancellation of a Service. In the event that Equipment is not returned by you, RALLY reserves the right to charge you the advertised retail price of the unreturned Equipment. In the event that such equipment is not returned in good condition and working order, subject to reasonable wear and tear, RALLY reserves the right to charge an amount equal to the cost incurred to repair or replace the equipment. All rental Equipment must be returned to RALLY at RALLY’s head office located at 111 Railside Rd., Suite 100, Toronto, ON M3A 1B2. Rental Equipment remains the property of RALLY unless it has been purchased by the Customer. The Customer agrees to return any Equipment owned by RALLY upon request.
(e) Installation of Equipment. All Equipment must be installed and activated by RALLY at your service address, unless RALLY tells you otherwise. Once installed, the Equipment may not be moved to another address other than as explicitly permitted by us. The installation of Equipment may be subject to installation charges. Any installation charges will be listed on your service order.
(f) Maintenance and Operation of Equipment. You agree to maintain and operate any Equipment, software and services provided by RALLY in compliance and in accordance with the applicable operating instructions provided by RALLY.
(g) Updating or replacing Equipment. RALLY may change the minimum requirements for Equipment and related software, in which case you may need to update, maintain or replace your software or Equipment. We may provide software updates for the Equipment for the continued operation of the Services or the Equipment. Likewise, from time to time we may have to modify or remove previous software features in order to introduce new features to ensure that the Equipment remains compatible with technological advancements. If your Equipment or software is not up to date, you may not be able to access or use the Services and your only remedy is to cancel the affected Services.
(h) Use of Equipment. Purchased and rental Equipment are to be used only with RALLY Services at the service address identified on your account. If you attempt to tamper with any Equipment, it may become permanently unusable and may violate the software licence agreement for that Equipment.
(i) Equipment Warranty. Any Equipment sold to the Customer shall be warranted against any manufacturing defect for a period of one (1) year from the purchase date for parts and labour. RALLY will replace any defective Equipment with comparable Equipment in accordance with the terms of the warranty. The warranty does not apply to any breakage or defect resulting from accidents, misuse or any unauthorized modifications. In the event of defective Equipment, the Customer agrees to notify RALLY promptly so that RALLY may arrange to make the necessary assessment. The Customer shall bear the shipping charges for returning any Equipment under warranty.
21. Remote Support and Maintenance
(a) In order to provide The Service to its Customers, RALLY may directly or through a third party connect remotely to Equipment such as but not limited to modems, routers, set top boxes, etc. for the purposes of adjusting configurations, updating firmware, and related general maintenance.
(b) In addition to the above, for the purposes of correcting or analyzing service problems, RALLY may seek the cooperation of The Customer to make changes to The Customer’s network or computer equipment such as, but not limited to the running of diagnostic tools and performing changes to network and operating system settings.
(c) RALLY may, without any liability, interrupt the services for technical or maintenance purposes. Where possible RALLY shall provide advance notice to the Customer.
22. Identifiers. You do not own any phone number, e-mail address, account number, IP address or other identifier given to you in connection with the Services. We may change or remove an identifier at any time.
23. Access. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks. If any of your Services or accounts have been cancelled, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services and remove our Equipment, as applicable.
24. RALLY’s HDTV Service.
(a) HDTV Service. The HDTV Service provides the transmission of television broadcast programming and on-demand streaming video over a high speed Internet connection. In order to use the HDTV Service, you must continuously subscribe to RALLY Internet Service.
(b) Content Availability. HDTV service content is only available in Canada. All programming is subject to availability. Sporting events and other programming may be sometimes be subject to “blackouts” in your service area due to copyright or other reasons. Some programming may not be available for viewing from a location other than your service address, or on more than one device simultaneously, due to content rights. Programming may also be temporarily interrupted due to inclement weather, technical issues or other issues outside of RALLY’s control. RALLY will not refund charges or credit you for content restrictions, blackouts or temporary service interruptions.
(c) Data Usage. You acknowledge that when using the HDTV Service with any internet connection other than your RALLY Internet Service internet connection (e.g. Wi-Fi other than your home Wi-Fi, public Wi-Fi or a mobile network), the HDTV Service will use data. RALLY is not responsible for data charges incurred by the HDTV Service.
(d) Limitation on set-top boxes. Unless otherwise advised by us, if you subscribe to RALLY HDTV Service, you may activate a maximum of 10 set top boxes on your account at any time.
25. RALLY’s Home Phone Service
(a) The Home Phone Service may include local telephone line(s) and/or a variety of long distance plans. Home phone features are subject to change without notice, and all features may not be available in all areas. The local phone line service requires a broadband Internet connection and a Customer supplied touch tone enabled telephone set to be connected to RALLY’s Home Phone Service Equipment. International calling rates are posted on www.rally.ca. and are subject to change without notice.
(b) Not all home alarm systems are compatible with RALLY’s Home Phone Service. Please check with your home alarm system service provider prior to cancelling your current home phone service or ordering RALLY’s Home Phone Service. RALLY’s Home Phone Service features may be different than the features offered by your current home phone provider. If you are not satisfied with the features available with RALLY’s Home Phone Service, please do not order the Service. Legacy end-points such as Analog door entry phones, elevator phones, point-of-sale machines, faxes, modems, mail/post machines, etc. may not be compatible with RALLY’s Home Phone Service. RALLY is not responsible for any incompatibility issues. The Home Phone Service will not work in the event of a power outage.
(c) Porting. Do not cancel your current home phone service until RALLY has confirmed in writing to you that your phone number has been successfully ported to RALLY. Cancelling your current home phone service prior to such confirmation may result in the loss of your current telephone number. Prior to RALLY porting your number, RALLY will require certain information from you, including the applicable service address and your current home phone number, if any. RALLY may require a copy of your current home phone bill. Any incorrect or incomplete information may cause a delay in porting your number. Porting typically takes ten (10) to fifteen (15) business days to complete; transfers may take up to six (6) weeks. RALLY will make reasonable efforts to port or transfer numbers in a timely manner and in accordance with these estimates, however unforeseen circumstances may impact these timelines and RALLY will not be liable for any delay. Wireless numbers cannot be ported. There will be an interruption in your home phone service on the day of porting. You cannot port a number if another porting request for that number is currently active. Distinctive ring, Primary InterExchange Carrier Freeze, or a carrier charge restriction must be removed prior to porting your number. A “no porting” or “frozen” subscriber agreement with your existing service provider will block RALLY’s porting request. DSL service will automatically be canceled on ported numbers. Do not port DLS service numbers unless you are changing your DSL service. A fee will apply in the event that you cancel RALLY’s Home Phone Service prior to activation but after requesting that RALLY port your current telephone number. See www.rally.ca/fees for details.
(d) 911 Service. RALLY telephony utilizes Voice over Internet Protocol (VoIP) technology. 911 emergency service over a VoIP phone has certain limitations compared to Enhanced 911 services available on most traditional phones which you must be aware when ordering your telephone Service.
(e) E911 vs VoIP 911. When placing a call to emergency services with E911 or Enhanced 911 the user’s telephone number and location are automatically transmitted to the operator during the call. With VoIP 911 the user’s telephone number and location are not automatically transmitted to the operator.
(f) Routing of 911 Calls. When a caller dials 911 using the Customer’s service, the call is routed from the RALLY network to our emergency services operator. The operator will verbally confirm with the caller that they are either located at the emergency service address registered with RALLY, or if not, their present emergency service address. The operator will then determine the appropriate emergency agency and transfer the user’s call accordingly. There may be an additional delay to transfer the user’s emergency service call to areas not served by traditional 911. The Customer acknowledges and understands that RALLY cannot be held liable for service delays beyond its reasonable control.
(g) 911 Dependency on AC Power and Broadband Internet. 911 dialing and RALLY’s Internet Service will not function during an electrical power or Internet outage, regardless of whether such outage is widespread or only affects your individual residence or unit. An AC power interruption or failure and/or interruption or failure of broadband Internet service may result in equipment needing attention by the Customer or RALLY prior to the service being available for calls including emergency calls. When the service is unavailable the Customer will need to access a traditional phone or cellular phone in order to make an emergency call. The Customer acknowledges and understands that in the event of an outage, malfunction or any other unavailability of their Internet connection or service-related equipment, including without limitation, improper modifications or tampering, the Service may not function and emergency calling may be unavailable.
(h) Use of 911 Service Outside of your Service Address. RALLY’s 911 Service is designed to only work at your service address. The 911 Service will not function properly anywhere but at your service address. You shall not attempt to use the RALLY 911 service anywhere but at your service address. You should ensure that you have alternate means of accessing traditional 911 services when you are somewhere other than your service address.
(i) Informing Others of the 911 Service Limitations. The Customer must inform users and potential users of the limitations of RALLY’s 911 service as compared with traditional 911 service, as set out above. If a user is not comfortable with the limitations of RALLY’s 911 Service the user should arrange an alternate means of accessing traditional 911 services.
(j) 911 Service – Limitation of Liability. Neither RALLY, its affiliates or any of their respective officers, directors, employees, or agents 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. 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 unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of RALLY. Subject to the provisions of this agreement, RALLY 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 RALLY, its affiliates, and their respective officers, directors, employees, agents, legal representatives and any other service provider that offers services to the Customer or RALLY 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 misrouted 911 calls.
26. Termination and Cancellation
(a) Termination of Agreement by Customer. This Agreement may be terminated by you upon notice by e-mail, phone to the RALLY call centre or courier to RALLY. Cancellation of service requests must be communicated to RALLY in advance of the desired cancellation date and must specifically identify the services or features to be cancelled. Failure to do so may result in delays in processing of the cancellation. A cancellation fee applies to term Services. Any rental Equipment must be returned to RALLY within 30 days of termination in order not to be charged the full retail value of that Equipment, together with any costs we incur in seeking possession of it. RALLY does not provide prorated refunds.
(b) Termination or Suspension by RALLY. RALLY may restrict, block, suspend or terminate all or any part of the Services immediately where you:
i. fail to make timely payment on your account for the Services and, in the case of a termination, such failure has continued for more than 30 days;
ii. become bankrupt or otherwise insolvent;
iii. fail to provide RALLY with reasonable entry and access to install, inspect, repair, replace or to perform necessary maintenance on the Rental Equipment, or RALLY’s facilities or network;
iv. are in breach of any term or condition of these Terms of Service or of RALLY’s Acceptable Use Policy applicable to the Services that you subscribe to; or
v. if you relocate, alter, abuse or disconnect the Rental Equipment.
(c) Restoration of Services. If all or any part of the Services are restricted, blocked, suspended or terminated for cause, RALLY is not obligated to restore the Services. If RALLY agrees to restore your Services, a reconnection service charge may be applied. If you are a RALLY Digital Phone subscriber, RALLY cannot guarantee the availability or resumption of any previous telephone numbers following a suspension or termination of the Services.
(d) Cancellation of Agreement and Services by RALLY. RALLY can cancel any Service or the Agreement for any reason upon a minimum of 30 days’ prior written notice to you (60 days’ prior notice in Quebéc), including where RALLY ceases to offer a RALLY Service to which you subscribe.
(e) Customer Obligations following Termination or Cancellation. Upon termination or cancellation of the Agreement or any Service, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect. Without limiting the generality of the foregoing, the terms of RALLY Acceptable Use Policy applicable to the Services you subscribed to shall survive the expiration and/or earlier termination of these Terms of Service.
27. Liability of RALLY. RALLY shall not be liable for:
(a) any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 911 service;
(b) any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
(c) your conduct, acts or omissions;
(d) any event beyond the reasonable control of RALLY including acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction;
(e) RALLY’s failure, for any reason, to activate the Services on the activation date you requested or date provided to you by RALLY;
(f) any defacement of, or damage to, any service location resulting from the attachment of any instruments, apparatus or associated wiring and/or Equipment furnished by RALLY, or removal thereof, when such defacement or damage is not wholly caused by RALLY’s negligence; and
(g) any damages you incur as a result of the operation or failure of the Equipment, facilities, wiring or other devices you use with the Services, including without limitation if any of the Equipment, facilities, wiring or other devices that you use with the Services are now or later become incompatible with the rental Equipment and/or the Services.
28. Limitation of Liability
(a) the event of any breach by RALLY, including any breach of a fundamental term or any negligence by RALLY, your exclusive remedy shall be to receive from RALLY payment for actual and direct damages to a maximum amount equal to the fees paid by you to RALLY in the past month for the services
(b) under no circumstances shall RALLY be liable to you or to any third party for any indirect, special, or consequential damages, including loss of profits and loss of business opportunities, that result in any way from these terms of service, including your use of the equipment and/or services, or your reliance on or use of any information, service, merchandise or material viewed or provided on or through use of the services, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in reception or transmission or transmission, or failure of performance of the services.
(c) RALLY shall not be liable for, and you shall indemnify and save RALLY harmless from and against all suits, claims or judgments howsoever arising out of any of the following;
i. claims for libel, slander, infringement of copyright, trademark or other intellectual property rights or contractual rights of any third party or based on any other legal theory howsoever arising from the material, data or other content from the services;
ii. any losses, damages, expenses or costs (including legal fees) arising out of or in connection with any claim, or other proceeding based on a contention that the use of the equipment and/or the services by you or a third party infringes any intellectual property rights or contractual rights of any third party; or
iii. claims by those to whom you provide access to the equipment and/or the services.
For the purposes of this section, any reference to “RALLY” shall include RALLY, its partners or associates, or any of their respective directors, officers, employees, servants or agents.
The services are provided by RALLY “as is” and “as available” without warranties or conditions of any kind. RALLY does not warrant uninterrupted use or operation of the services. RALLY does not warrant that any data or communication sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, or that any content or other material accessible on or from the services are free of defect, error or viruses. RALLY does not warrant the content, including without limitation content of any programming and/or advertising that is accessible on or from the services. all representations, warranties, and conditions of any kind, expressed or implied, including warranties of title or non-infringement, or any implied representations, warranties and conditions of fitness for a particular purpose and merchantable quality with regard to any merchandise, information, programming, advertising, content or service and those arising from a course of dealing or usage of trade, are hereby excluded.
29. Arbitration. To the extent permitted by law, any disputes or claims (“claims”) whatsoever between RALLY and you will be referred to and determined by arbitration to the exclusion of the courts. Arbitration will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice. You agree to waive any right you may have to commence or participate in any class action against RALLY related to any claim, unless such waiver is not permitted by applicable law. You also agree to opt out of any class proceedings against RALLY.
30. Trademarks and Copyright. All trademarks, copyright, brand concepts, names, logos and designs that we use are intellectual property assets, registered or otherwise, of or used under license by RALLY Communications Inc. or of one of its affiliates. All are recognized as valuable assets of their respective owners, and you may not display, copy or use them in any manner for commercial or any other purpose.
(a) By entering into this Agreement, you expressly agree that your account information may be disclosed to RALLY to service your account, respond to your questions, improve our products and services, tele-market, and promote additional products and services offered by RALLY. If you do not wish to receive these offers or information, please contact us.
(b) Storage of Personal Information. Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
(d) Unlisted Number. RALLY does not list its Home Phone Service telephone numbers; however, please note that directories or providers of operator services may obtain your phone numbers and address from a source other than us.
32. Assignment. You will need our prior permission if you want to assign or transfer an Agreement. We may assign or transfer an Agreement or any of our rights or responsibilities under an Agreement without your permission.
33. Electronic communication. You agree to receive your order details, Agreement, bill and other materials from us electronically, including through any online customer portal hosted by RALLY or by way of email. If you have disabilities or are aged 65 or older, you may request a paper bill.
34. Force Majeure. Notwithstanding any other provisions, RALLY will not be liable for failure or interruption of any Service due to causes or events beyond its reasonable control.
35. Language Preference. You are receiving this Agreement in English because you requested a copy in English. Vous avez demandé que cette entente ainsi que tous les documents en faisant partie soient rédigés dans la langue anglaise mais si vous souhaitez que votre entente soit en français, veuillez communiquer avec nous, aux coordonnées indiquées à la fin de ce document.
36. No Waiver. The failure of RALLY to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
37. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.
RALLY’s Acceptable Use Policy (“AUP”)
1. The Service and any Equipment are provided or sold to the Customer for personal, residential, non-commercial use only at the service location identified in the Service order or contract.
2. Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden.
3. You must ensure that his activities do not restrict, disrupt, inhibit, degrade or impede RALLY’s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.
4. The Services may be used only for lawful purposes. You agree that you will not:
(a) post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam”;
(b) maintain a relay service open to the general public;
(c) scan or probe another computer system;
(d) obstruct or bypass computer identification procedures;
(e) engage in unauthorized computer or network trespass;
(f) engage in denial of service attacks;
(g) invade another person’s privacy, collect or store personal data about other users, or stalk or harass another person or entity;
(h) attempt to use the Services in such a manner so as to avoid being charged for such Services
(i) post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component;
(j) export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
(k) post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of RALLY or any third party; such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation;
(l) post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats;
(m) participate in any illegal soliciting or gaming schemes;
(n) resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the Services or exploit the same for any commercial purposes, except where expressly authorized by RALLY; or
(o) allow any other person or entity to engage in any of the foregoing activities while using the Services or your account.
5. You must comply with the current data storage and other limitations on the Service. RALLY reserves the right to change the Service plan’s data transfer speeds or data transfer thresholds upon notice.
6. You are responsible for any content posted, stored, transmitted, disseminated or accessed by you through your use of the Services. Any questions or complaints the Customer may have regarding content should be addressed to the content provider.
7. Any unauthorized modification, interfering or tampering with the equipment, wiring, telecommunication facilities including, but not limited to, demarcation points, or unauthorized use of telecommunications in general, is prohibited and may constitute theft of telecommunication service under the Criminal Code of Canada.
8. If at any time you become aware of any violation, by any person or entity, of the AUP which involves your account, you agree to immediately notify RALLY and provide RALLY with assistance, as requested, to stop and/or remedy such violation.
9. RALLY reserves the right to move, remove or refuse to post any content, in whole or in part, that in its sole discretion, decides is unacceptable, undesirable or in violation of the Agreement or this AUP.
10. RALLY may manage its networks in order to optimize its efficiency and integrity for the benefit of its customers, including but not limited to placing limits on network speed, rejection of removal of spam or other unsolicited bulk email, anti-virus mechanisms, and any other action deemed appropriate by RALLY.