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Ebox Inc. (” EBOX “)
Acceptable Use Policy (“AUP”)

Service Agreement (SA)

Warning: In case of dispute, the French version of this convention prevail.
EBOX’s goal is to provide high quality service to our customers while protecting their privacy and security.We have established our Acceptable Use Policy (“AUP”) to prevent unacceptable uses of our services and equipment and to ensure that we are able to provide the level and quality of services our customers expect.
The AUP and the SA apply to all EBOX customers
“The Customer” means any organization, individual, company, or other entity and their agent or affiliate, to which EBOX (directly or indirectly) provides services  (EBOX Services).

This Agreement and all EBOX documents or policies referenced therein constitute the entire agreement between EBOX and you in relation to the subject matter and supersede any previous agreement and statement, written or oral, in relation to the subject matter.
The failure of EBOX to insist upon or strictly enforce performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of this Agreement conflicts with an applicable tariff, the tariff shall supersede this Agreement only with respect to the conflicting provision.

This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec, Canada. For commercial services only, the Parties agree to elect domicile in the judicial district of Montreal, Quebec, Canada, for the hearing of any claim arising with respect to the interpretation, application, performance, term, validity or effects of this Agreement. EBOX may assign its rights and obligations under this Agreement without your prior written consent.
“The EBOX services” includes any EBOX installation, any equipment before the demarcation point or point of service of EBOX, any equipment owned or provided by EBOX, any service provided by EBOX or determined by EBOX and any service which is the subject of an agreement between EBOX and the customer and, regardless of whether the user of the EBOX services has a contract with EBOX.

TELEPHONY TERMS AND CONDITIONS
Long Distance
Long distance calls are charged according to the rates in the call simulator. All clients must use the simulator to validate the long distance call rate per minute before dialing a number. To verify whether a call is billable or not in your package, you must use the call simulator available in the digital telephony portal. You can obtain your user code for the simulator by contacting Customer Service.
A customer who dials a number without previously verifying the rates is deemed to be aware of the fees and to accept the ensuing charges.
Long distance charges are calculated per minute according to the published rate. A minimum $ 2.00 per toll will be charged to the customer (if the customer is not part of long distance plan) as a “network connection fee”. For instance, a customer making a long-distance 2 minutes at 6 cents per minute will be billed $ 2.00. Likewise, a customer making a call about 35 minutes at the same rate, will receive an invoice of $ 2.10

Premium long distance
A premium long distance system is available to all customers of the Telephony service. This premium system guarantees superior audio quality for calls overseas as well as a priority connection with the destination compared to regular long distance. The premium pricing is higher than regular rates. Customers wishing to take advantage of the premium long distance overseas system should dial 0011 + country code instead of 011 + country code. Long distance calls are charged according to the rates in the Call Simulator.
9-1-1 SpeedPhone service limitations
Please read this document carefully before activating, installing or using the SpeedPhone Service.
ElectronicBox’s VoIP 9-1-1 service is available, whether you use VoIP service at home or elsewhere in Canada. However, there are significant differences between the VoIP 9-1-1 ELECTRONICBOX service and that of a traditional phone line. These differences are listed below.
When using the VoIP 9-1-1 ELECTRONICBOX service, you must follow these steps:
•    When you call 9-1-1 using ELECTRONICBOX VoIP service, your call is automatically routed to a 911 operator that will ask what province and what city you are calling from. Be prepared to provide this information as well as your phone number.

•    Once the 9-1-1 operator has received this information, your call will be transferred to a 9-1-1 operator in the city where you are currently situated, who in turn will ask you to specify where you are (eg., street and street number, apartment number, etc.). The operator will then take care of contacting the appropriate emergency services.

•    DO NOT hang up until you are told to do so, and if you are disconnected remember to call back 9-1-1 immediately.
Very important: the 911 operator may ask you from where and from what phone number you are calling, since the operator does not necessarily have the information or could assume you are located at the last address on file.
E911 service vs. basic 911 service: When you make a call to emergency services with E911 (Enhanced 9-1-1 Service), your phone number and address will automatically be forwarded to the operator during the call. These two automated features (phone number and address) improve and differentiate the E911 service from the basic 911 service.
With the basic 911 service (B911), your phone number and address will not be automatically transmitted to the operator responsible for redirecting your call to the right emergency services (emergency medical service support, police or fire). The operator of the emergency service will first determine the needs of the caller based on the pertinent information obtained verbally, including the location. With this information, the operator will then determine the appropriate emergency services required and transfer the call accordingly.

ELECTRONICBOX provides a basic 911 service.
ELECTRONICBOX Inc., its directors, officers and employees shall not be liable for (i) any direct, indirect, or special damages (including, without limitation, lost profits) or (ii) any and all other damage caused by the loss of use or data, in connection with this Agreement and the Terms of Use of ELECTRONICBOX.
Please note:
• Some places in Canada do not provide a 9-1-1 service. If you find yourself in a place where 9-1-1 is not available, you must call the desired emergency service directly, for example, the Fire Department.
• The ELECTRONICBOX VoIP 9-1-1 service is not available during a power outage or with the loss, for any reason, of network or Internet connectivity. It is also possible that when the network is congested, you will not be able to dial a number, or stay connected or communicate clearly with the ELECTRONICBOX VoIP 9-1-1 operator.
WARNING: In the event of a power failure or with the loss, for any reason, of network or Internet connectivity, you must use a traditional phone to make your emergency call.
• You must report any change of address to ELECTRONICBOX VoIP 9-1-1 by calling ELECTRONICBOX Customer Service.
(1 877 282-6933). Address changes will take effect as soon as the signed and submitted 911 Form, included with the VoIP Service Form, has been processed. At this point, the new address will be transmitted and used to automatically identify you to a 9-1-1 operator. Note that the processing of a change of address can take up to two business days.
Know how to recognize these important differences when using the 9-1-1 service and make sure that all potential users of ELECTRONICBOX’s VoIP service know as well.
For any other questions regarding your VoIP 9-1-1 service please contact the ELECTRONICBOX Customer Service by calling 1 877 282-6933 from any phone.

Prohibited Uses
The following uses are prohibited under this AUP. The descriptions are guidelines and are not meant to be exhaustive.
Illegal/Criminal Activity
EBOX Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, provincial or other applicable law or regulation.
Violations include:
•    infringing copyrights, trademarks, trade secrets, patents or other types of intellectual property
•    posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence
•    transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material
•    violating personal privacy
•    Security and Integrity Violations
EBOX Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of a network, service or other system of EBOX or others.
Violations include:
•    circumventing user authentication or security of any host, network or account (“cracking” or “hacking”)
•    interfering with service to any user, host or network (“denial of service attacks”)
•    falsifying addressing information including modifying header information of any TCP/IP packet or email or newsgroup posting for the purpose of concealing the sender’s or recipient’s identity or any other illegitimate purpose. This provision is not intended to disallow the use of aliases or anonymous remailers for any legitimate purpose.
•    using EBOX Services to violate the acceptable use policies or service agreements of others

EBOX may investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected.
Spamming, etc.
EBOX Services must not be used in sending a message (including fax and voice traffic) to any person who does not wish to receive it or with the effect of preventing fair and proportionate use of EBOX Services by others, or in spamming, whether or not the quantity or quality of messages disrupts the facilities of EBOX or others.
Violations include:
•    sending unsolicited bulk messages (commercial advertising, unsolicited commercial messages, political tracts, announcements, etc.)
•    sending messages with charity requests, petitions for signature, chain mail or financial scam related requests
•    posting a single message, or similar messages, to large numbers of newsgroups (excessive cross-posting or multiple posting, also known as “USENET spam”)
•    spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that EBOX was involved in the transmission of such email or content
•    operating an unsecured email relay
•    posting binary files to non-binary newsgroups
•    attempting to evade filters of spamming
•    violating accepted norms of the Internet community, whether or not expressly mentioned in this AUP

EBOX’S Rights
EBOX reserves the right to prohibit activities that violate this AUP or may damage its reputation.
EBOX will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer and its equipment (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. EBOX may at all times monitor its performance of EBOX Services electronically to determine if its facilities are operating satisfactorily.
EBOX may disclose Customer information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect EBOX and others from harm or (iii) where such disclosure is necessary to the proper operation of EBOX’s facilities. EBOX is not obliging itself to Customer to inform the Customer that Customer’s information has been disclosed or will be disclosed and in some cases may be prohibited by law from so informing.
The Customer acknowledges that EBOX is unable to exercise control over the content of information passing through its facilities or carried as a result of performing EBOX Services and is therefore not responsible for that content.
CONSEQUENCES
Violation of this AUP (direct or indirect, including by a third party) entitles EBOX to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate EBOX Services, or take any other appropriate action, as determined by EBOX in its sole discretion, in addition to any remedies provided by any agreement to provide EBOX Services. EBOX may give notice of violations but EBOX reserves the right to act without notice when necessary, as determined by EBOX in its sole discretion. Nothing in this AUP is to be construed to limit EBOX actions or remedies in any way with respect to any of the foregoing activities, and EBOX reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the cost of identifying offenders and disconnecting them from EBOX Services, and charging to cover EBOX costs in the event of disconnection of dedicated access or like situation. EBOX may co-operate with other service providers to discourage and resist abuses of acceptable use policies. EBOX reserves the right to take corrective action upon notification to EBOX of unacceptable use on other networks. EBOX Services may be used to link to other networks world-wide and you agree to conform to the acceptable use policies of these networks. You agree, through your operations, not to cause disturbances, outages or other problems which may affect EBOX or any other network or network based equipment, or which may adversely affect EBOX ability to provide services.
INDEMNIFICATION
You will indemnify and hold EBOX harmless from any claim brought by third parties relating to Customer’s use of EBOX Services. You must defend and pay all damages and costs (including legal fees) arising from such claims. You must immediately notify EBOX of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to EBOX Services. Failure to do so gives EBOX the right to defend such claims at your sole cost.

REFUND
It is the duty of the customer to contact us by phone or email to notify us of any changes to its service. The lease / purchase of the modem is not refundable. The Internet service payment is non-refundable.
The customer who want to modify his services must call us before the 7th of the month in order for changes to apply on the next billing cycle (generally next month).
When changing place of residence, the customer is responsible to contact ElectronicBox 5 days before the moving date, in order to provide update address and information.

A BREACH OF A FIXED-TERM CONTRACT/ TERMINATION

If you choose a fixed-term contract, it shall take effect on the date of the activation of your first service. In the event of a contract termination, the customer will have to pay Ebox compensatory damages to a maximum equal to the lesser of the following amounts:
•    $ 50 or;
•    the amount representing 10% of the price of services under the contract that have not yet been provided.
For example, with a subscription of $ 50 / month (including modem) and 8 months left to the contract, the maximum penalty would be $ 40, since it corresponds to 10%  of (8 X $ 50 = $ 400).
LEASE CONDITIONS/ PURCHASE OF EQUIPMENT
Lease: All leased equipment is owned by Ebox Inc. Any and all damage done to the leased equipment is the responsibility of the customer. Leased equipment must be returned in its original packaging, in good condition and in original functioning order. Otherwise, the customer may be liable to pay the cost of replacing the leased equipment.
All leased equipment must be returned within ten (10) days after the cancellation date. Otherwise, the customer may be liable to pay the cost of replacing the leased equipment.
In the event of a technical malfunction, all equipment must be returned to Ebox Inc. where it will be forwarded to the manufacturer for repair. The customer must return the equipment and pay any shipping or other cost (if applicable), to an Ebox Service Point. Ebox Inc. will replace, free of charge and without any additional cost, defective equipment. Ebox will honour the manufacturer’s product warranty.
Purchase: All equipment purchased by the customer from Ebox Inc. is the property of the client. Equipment purchased from Ebox Inc. is non-refundable and cannot be returned except at the discretion of the company with prior authorization.
In the event of a technical malfunction, all equipment must be returned to Ebox Inc. where it will be forwarded to the manufacturer for repair. The customer must return the equipment and pay any shipping or other cost (if applicable), to an Ebox Service Point. Ebox Inc. will replace, free of charge and without any additional cost, defective equipment. Ebox will honour the manufacturer’s product warranty.

Shipping
All equipment is shipped by courier without a signature required on delivery by default. On delivery of a shipment where an authorization signature is not required (OSNR), the driver can leave the shipment at the delivery address, unattended and without a signature as proof of delivery. The recipient of a shipment sent by the OSNR service is bound by the disclaimer of the courier company and Ebox.
In this case, the shipment will be deemed to be kept for pick-up and it is understood that identification will be required.

TERMS OF USE CLIENT’S OWN MODEM (outside inventory modem)

A customer who does not buy a modem from Ebox at the time of the subscription is deemed to be using one’s own equipment. When a client uses their own equipment, the client is fully responsible for its operation on the network and its configuration, if necessary. The customer is responsible for verifying with Ebox if the model is approved on the network before ordering and paying his invoice. If the model is approved on the Ebox network but the equipment does not work with the service, the customer indemnifies Ebox from prosecution or costs resulting from the decision to use one’s own modem. This includes non-refundable connection fees and non-inventory modem fees. Ebox has the discretion to credit the non-inventory modem fees (if applicable) if the customer decides to purchase equipment from Ebox. Some limitations in firmware can prevent non inventory equipment from connecting to the network even if the model is approved. Some modems cannot be used on the network due to limitations in the inventory. If a model is approved, but the serial number is registered to an account with a competitor, it is possible that the modem cannot be transferred to the Ebox network. Ebox cannot be held responsible if using one’s own modem and the equipment does not work properly.

Modem transfer from one inventory to another: A customer who uses an approved model, but from the inventory of a competitor should expect a potential down-time when the modem is transferred from one network inventory to another. Service is deemed active at the date on which the service is connected by Ebox and not the date on which the non inventory modem is working. The Modem transfer period generally does not exceed 3 working days under normal circumstances to get a connection. However, if for technical reasons the modem transfer to inventory cannot be completed within 3 working days, the customer indemnifies Ebox costs arising from this service outage.
FEES/FEES PAYMENT
The Service is provided in accordance with the monthly rates, installation fees, activation fees, and any other fees, if applicable, identified to you upon placing your Service order or on our Website. Rates and fees do not include applicable taxes.
You agree to pay all fees and charges, including applicable taxes, incurred in connection with the provision of and/or use of and/or changes to the Service through your Account in accordance with the rates and terms established by Your Service Provider for the Service or for which you are directed to review when using the Service. The monthly fee for the partial use of the service will be prorated, unless the service is canceled. If you terminate your Subscription during the billing period, the calculation of the fees will not be prorated, and your Service will be cancelled at the end of the billing period.

Late payment charge of 2% compounded interest per month (26.82% per year), will be charge to Ebox’s clients and calculated on any amount remaining unpaid three weeks after the date of billing.

Payment Policy
Ebox is a prepaid service, which means that the payment for a given period of service must be received, and not only sent, before the service period begins. For example, payment for the period of service from September 1st to 30th must be received no later than August 31st. If payment is not received on time, Ebox reserves the right to suspend services until payment is received for the total balance due. Note that the time period during which the services would be suspended for non-payment will not be accredited. It is the customer’s responsibility to send the payment in time to take advantage of these said services.

EBOX reserves the right to charge a $25 fee for a declined pre-authorized payment on a bank account. This fee is applied if a payment was refused for the following:

  • Insufficient funds
  • By opposition
  • Because the account is now closed

MINIMUM SYSTEM REQUIREMENTs
It is your responsibility to ensure that your computer system meets the current minimum system requirements necessary to use the Service.
Minimum System Requirements :

Operating System :
Windows
98, ME, 2000, XP
Linux
Debian Kernel 2.2 or later
Processor : Pentium 166 MHz or equivalent
RAM : 32 MB, 128 MB for Windows XP
Hardware: CD-ROM 2x, Ethernet connection
Hard Disk: 200 MB free

Recommended System:

Operating System:
Windows
98, ME, 2000, XP
Linux
Debian Kernel 2.4 or later

Processor : Pentium II – 300 MHz (equivalent) or faster
RAM : 64 MB, 128 MB for Windows XP
Hardware : CD-ROM 2x, Ethernet connection
Hard Disk : 350 MB free

The most recent Windows 2000 service pack must be installed.

A screen resolution of 800 x 600 and 16 bit colour is recommended. A telephone jack should be located close to your modem. The recommended distance is six feet or less between the modem and the phone jack.
Please note that Ebox cannot guarantee that the High speed Internet services will be compatible with all system configurations.

Account suspension
EBOX may suspend, restrict or terminate this Service Agreement, at any time without notice, if: a. any amount is past due from you to Your Service Provider; b. there has been or is any breach of any term or condition of this Service Agreement.

Incident Reporting
To report a suspected breach of this AUP, please contact abuse@electronicbox.net.

Revisions to AUP and SA
EBOX may amend this AUP and SA according to its services agreement(s) with you. Use of EBOX Services after due notification according to those services agreement(s), will constitute your acceptance of the amended AUP and SA.
If you have any questions regarding this AUP or SA, please contact billing@electronicbox.net.

Last modification: October 7 2013

 

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