|Terms of Service - Service
Agreement & Acceptable Use Policy.
January 1, 2016
In order to help protect our subscribers
and ensure that BAM can continue to provide a fast and highly-available
network we have created this policy to define the acceptable use of our
services, the rights and responsibilities of our subscribers as well as
the terms of our service.
All the services we provide are "as is"
and "as available" without any warranties or conditions of any kind.
While we strive for perfection and typically maintain 99.95% or better
network availability, we do not guarantee that our services will be
uninterrupted or available at all times. We are also not liable for
any harm, damages, expenses, loss of profits or opportunities that are
caused through the use or reliance on our services, regardless of
The internet is a public network and as a
result we do not guarantee that any communication or use of our
services is secure or protected from interception by unauthorized
individuals. Also be aware that some content, products or services
available on the internet may be offensive or may not comply with
local laws. We do not attempt to censor, control or monitor any such
content or activity and you must assume total responsibility and risk
for using the internet.
We are not responsible for the content or
storage of your data. While we do have backup systems and can attempt
to recover information for you, in no event will we be liable for the
loss of any data. We also have the right to delete any of your data
after your account has been terminated or as required by law.
Unless you have subscribed to a multiple
login account, you may only have one login session per account at any
given time. Your account is not transferable and is only to be used by
the household or business who is registered to use the account.
Any account names or network addresses
that are assigned to you are borrowed and remain our property at all
You will abide by all applicable laws and
agree to indemnify and hold us harmless from all liabilities and
expenses related to any violation of this agreement. In no case will
we be held responsible for the actions or omissions of any subscriber
or other individual that accesses our services.
You may not attempt to do any of the
- access information for which you are
- distribute copyrighted material for
which you are not authorized;
- distribute unsolicited bulk email
- transmit data that is unlawful,
harassing, abusive or defamatory;
- knowingly transmit a virus, trojan
or other harmful software program;
- hack, attack or otherwise cause
damage to any computer networks;
- use our services in any way that
would negatively affect our goodwill;
- abuse or violate the privacy of
- abuse or fraudulently use the
internet in any way.
We take customer privacy seriously and do
not track sites you visit nor the content of your email messages
unless required by law. We do however monitor our network to help in
the detection of failures or attacks, trouble-shoot problems and
determine areas that may need improvement or future expansion. Should
any of your personal information be inadvertently gathered during this
routine monitoring it will be considered confidential and will not be
provided to any third-party company.
We reserve the right to delete any email
that is left on our server for more than 6 months.
Payment for services is due before the
day of the month. Accounts that are more than 10 days past
due will be suspended until payment has been received. Accounts more
than 15 days past due will be terminated and subject to reasonable
collection fees. Returned cheques and non-sufficient funds for
pre-authorized debit are subject to a $25 processing fee.
Unless terminated, your account will be
automatically renewed for the same length and type of service as the
previous term. You may terminate your account at the end of its term
by contacting us five business days prior to its renewal. We reserve
the right to immediately suspend, restrict or terminate services if
you breach any terms of this policy or if your account is past due.
Upon account termination any rental
equipment provided by us must be returned in complete working order
within 10 business days. Any equipment that is not returned on time
will continue to be billed and charged to your account at a rate of $5
per month plus applicable taxes until such time that it is returned.
If the equipment has been lost, damaged or will not be returned then
the full replacement value of the equipment will be charged to your
We reserve the right to modify this
agreement upon reasonable notice to you. Your continued use of our
services following the notice is your acceptance of such
This document contains the entire
agreement, superseding any other agreements or understandings, between
you (the subscriber) and us (BAM). Our failure to enforce any
provision of this agreement is not a waiver of any right. Should a
court decide that any provision in this agreement is unenforceable,
that decision does not affect the remaining provisions of the
agreement. This agreement shall be interpreted and governed under the
laws of Ontario, Canada.
High Speed Internet Services
You agree to hold BAM, its affiliates and its agents
harmless from all liabilities and expenses related to any
violation of this Service Agreement by you or any user of your
Internet Service Account, or in connection with your or their
use of the Services. You agree not to use the Services or any
equipment provided in connection with the Services, for
operation of an Internet Service Provider's business nor for
any other non-personal purpose.
Once your order has been placed for the Services and the
BAM customer service representative has contacted you to
establish your High Speed Internet Account, you will have
entered into a binding contract with BAM. If you subsequently
cancel your order prior to activation of the High Speed
Service you will be charged a $65 cancellation fee as
compensation for preparatory services performed by BAM.
Under no circumstances will BAM be responsible for any
claims, damages, losses or expenses, including without
limitation lost wages or missed work, in the event that an
installation appointment for the High Speed Internet Service
is missed, either by BAM or by any third party installer. It
is also your responsibility to create data backups before the
installation. BAM or its agents will not be held responsible
for any data loss.
Your surfing or downloading speed is not entirely based on
the speed or quality of your connection to BAM's High Speed
Internet Service. Its is also related to the speed of the
networks/servers you are accessing and the amount of traffic
congestion on those networks. As such BAM does not guarantee
the maximum speeds but will make every reasonable effort to
ensure the highest possible quality of service is always
The High Speed Internet Service Accounts
have specified data usage (Bandwidth) limits per month. Additonal GB of
usage over your account's monthly limit will be charged at $0.50 (50
cents) per GB.
**Usage charges and maximums are
subject to change if stipulated by the CRTC*
BAM will not be responsible for any corrupted files or
viruses which affect the user of the High Speed Internet
Service. It is your responsibility to safeguard your system,
through appropriate means (e.g. using commercially available
software), from theft, unauthorized use or system corruption.
Resale of bandwidth or any other part of the High Speed
Internet Service for any purpose is strictly forbidden.
The IP address of your connection is dynamically assigned
and will change each time you disconnect and reconnect to
BAM's High Speed Internet Service. BAM may also change the IP
address at any time without any prior notification.
The equipment provided by BAM for access
to it's High Speed Internet Service, including the High Speed Modem and
DSL Line Filters, remains the property of BAM at all times (unless
purchased by customer) and
must be returned in working condition at the termination of an
account. Loss or damage of any of the equipment is the
responsibility of the account holder. A replacement charge of $59.95 for
standard DSL modems, $109.95 for wireless DSL modems, $89.95 for
standard cable modems and $149.95 for wireless cable modems will apply if the
items are not returned or returned damaged. The replacement
cost of any other equipment not returned or damaged will also
be billed to the account holder.
Your use of our services constitutes
your acceptance of this agreement.