ACCEPTABLE USE POLICY
This Acceptable Use Policy (“AUP”) is designed to help protect Clearwave, its customers, and the general telecom community from abusive or illegal activities. When using Clearwave Services, including related equipment and any products, content, applications, or services in conjunction with the Services, you must comply with all applicable laws, and Clearwave policies, rules, and legal terms, including this AUP. You will be responsible for all violations of this AUP traced to your account.
PROHIBITED ACTIVITIES
Without limitation, you may not use (or allow anyone else to use) Clearwave Services to:
- invade another person’s privacy; unlawfully use, possess, post, transmit or disseminate obscene, profane or pornographic material; post, transmit, distribute or disseminate content that is unlawful, threatening, abusive, libelous, harassing, slanderous, defamatory or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, store, transmit or disseminate objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, federal or international law, order or regulation;
- access any computer, software, data or any confidential, copyright-protected, or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as "packet sniffers";
- upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightsholder;
- alter, reproduce, or tamper with the Services or any function, component, or identifier of your Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced, or tampered with;
- restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Services or any Equipment used to connect to the Services, or create an unusually large burden on our network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information; or to use the Services in an abusive manner in connection with any unlimited packages, options or promotions;
- disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt, or impede Clearwave’s ability to monitor or deliver the Services, Clearwave transmissions or data;
- interfere with computer networking or telecommunications service to or from any Internet user, host, provider, or network, including but not limited to denying service attacks, overloading a service, improperly seizing, or abusing operator privileges ("hacking"), or attempting to "crash" a host;
- attempt to use the Service in such a manner so as to avoid incurring charges for usage of the Services contemplated in your Agreement;
- copy, distribute, sub-license or otherwise make available any software Clearwave provides or makes available to you, except as expressly authorized by Clearwave in writing;
- resell or transfer your Services, except as permitted in your Agreement or with Clearwave’s express written consent; or
- participate in any fraudulent or illegal activities;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- port scan a person’s computer without that person’s consent, or use any tools designed to facilitate these scans; or;
- impersonate any person or entity, including, but not limited to, an Clearwave official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
VIOLATION OF THIS ACCEPTABLE USE POLICY
Clearwave will respond appropriately to allegations of violations of this AUP if it becomes aware of inappropriate use of the Services. Although Clearwave has no obligation to monitor the Services and/or network, Clearwave reserves the right to monitor bandwidth, usage, and content from time to time to operate the Services; to identify violations of this AUP; and/or to protect its network and customers.
VIOLATION OF THIS ACCEPTABLE USE POLICY (CONTINUED)
Clearwave will use reasonable efforts to advise you of your inappropriate behaviour and any necessary corrective action(s). Notwithstanding the foregoing, if the Services are used in a way which Clearwave and/or its suppliers or agents, in their sole discretion, believe to have violated this AUP, Clearwave or its agent may without notice take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Services. Without limitation, Clearwave may block specific ports or immediately shut down any server if you engage in one or more of the prohibited activities set out above. Additionally, you may be charged for any costs related to your breach of this AUP. Neither Clearwave nor its agents will have any liability for any such responsive actions. The foregoing actions are not Clearwave exclusive remedies, and Clearwave may take any other legal or technical action it deems appropriate.
Clearwave reserves the right to investigate suspected violations of this AUP, including gathering of information from the user(s) involved and the complaining party, if any, and/or examining any material on Clearwave servers and network. During an investigation, Clearwave may suspend, block or terminate the account(s) involved or your access to the Services and/or remove material which potentially violates this AUP. For the proper enforcement of this AUP, you hereby authorize Clearwave to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations; and (ii) system administrators at other Internet service providers or other networks or computing facilities. Such cooperation may include Clearwave providing the username, IP address, or other identifying information about you. Upon termination of any account, Clearwave and/or its suppliers or agents are authorized to delete any files, programs, data, and E-Mail messages associated with such account.
UNSOLICITED MESSAGES
As set out above, the Services may not be used to send unsolicited bulk or commercial messages. This includes, but is not limited to, unsolicited bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may only be sent to those who have explicitly requested it. The Services may not be used to send messages to any individual who has indicated that he/she does not wish to receive messages from you. The Services may not be used to collect responses from unsolicited e-mail messages sent from accounts on other Internet hosts or e-mail services that violate this AUP or the acceptable use policy of any other Internet service provider. Moreover, unsolicited e-mail messages may not direct the recipient to any web site or other resource that uses the Services. Forging, altering, or removing e-mail headers is prohibited. You may not reference the Clearwave network (for example, by including Organization: Clearwave in the header or by listing an IP address that belongs to the Clearwave network) in any unsolicited e-mail even if that e-mail is not sent through the Clearwave network. Mail bombing is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings. Clearwave is not responsible for the forwarding of e-mail sent to any account that has been suspended or terminated. Such e-mail will be returned to sender, ignored, deleted, or stored temporarily, at Clearwave’s sole discretion.
NO RESPONSIBILITY FOR CONTENT
You may find content accessible through the Services offensive, or not in compliance with applicable law. For example, it is possible to access content that is pornographic, obscene, or otherwise inappropriate, particularly for children. Clearwave assumes no responsibility for and exercises no control over the content contained on or accessible through the Services. Content you access or transmit using the Services is accessed and transmitted at your own risk, and Clearwave is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise relating to your access to or transmission of this content.
NEWSGROUPS, ONLINE FORUMS & CHAT PROGRAMS
Messages posted to newsgroups and online forums must comply with the written charters or FAQs for those newsgroups and online forums. Advertisements, solicitations, or other commercial messages should be posted only in those newsgroups and online forums whose charters or FAQs explicitly permit them. You are responsible for determining the policies of a given newsgroup or online forum before posting to it. Forging, altering, or removing header information is prohibited. This includes attempting to circumvent the approval process for posting to a moderated newsgroup or online forum. Clearwave and/or its suppliers or agents reserve the right to discontinue access to any Usenet newsgroup at any time for any reason. You may not attempt to "flood" or disrupt Usenet newsgroups. Disruption is defined as posting a large number of messages to a newsgroup that contain no substantive content, to the extent that normal discussion in the group is significantly hindered. Non-interactive clients that download Usenet articles in bulk are prohibited.
The Services may be used to participate in "chat" discussions. These discussions may be hosted by third party servers or may not involve any servers at all. Clearwave has no obligation to monitor the content of any chat discussions. Clearwave is not liable for any claims, losses, actions, damages, suits, or proceedings arising out of or relating to the content of any such discussions. The Services may not be used to perform chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text. Any computer or other device connected through the Services may not maintain more than two simultaneous chat connections. This includes the use of automated programs, such as bots or clones. Automated programs may not be used when the account holder is not physically present at the device. The Services may not be used to send messages that disrupt another Internet user’s equipment, including software, hardware, and user display. The Services may not be used to access any chat server in violation of the acceptable use policy of that server. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges that have not been authorized. You may not use the Services to connect to chat servers or channels from which you have been previously banned. The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive such messages. Forging, altering, or obscuring your identity (other than using a nickname) while participating in chat sessions is forbidden.
SECURITY
As set out above, you are responsible for any misuse of the Services, by yourself or by any other person with access to the Services through your equipment or your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to the Services through any means, including without limitation, wireless networking, and wired networking. The Services may not be used to breach the security of another user or to attempt to gain access to any other person’s equipment, software, or data, without the knowledge and consent of such person. Additionally, the Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account, including without limitation, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools, is prohibited.
The Services also may not be used to interfere with computer networking or telecommunications services to any user, host, or network, including without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host. The transmission or dissemination of any information or software that contains a virus or other harmful feature is also prohibited. You are solely responsible for the security of any device you choose to connect to the Services, including any data stored on that device. In particular, Clearwave recommends against enabling file or printer sharing of any sort. Clearwave recommends that any files or services you do choose to make available for remote access be protected with a strong password or as otherwise appropriate.
PORT BLOCKS
You agree that Clearwave may from time-to-time block specific ports to ensure the integrity and security of the Clearwave network and that Clearwave is not liable for any claims, losses, actions, damages, suits, or proceedings relating to such activities.
Clearwave Broadband High Speed Internet Usage Terms
1.0 Terms of Service and changes to Terms of Service
1.1 Clearwave Broadband will provide the user named above with access to the high-speed internet service provided by Clearwave Broadband on these terms. In these terms, we refer to the user as “user”, and Clearwave Broadband as “Clearwave”. By using the Clearwave service, you accept these terms.
1.2 Clearwave may change these terms (withstanding its charges for the Clearwave service) from time to time. If you do not accept the changes, you must immediately terminate the Clearwave service by sending a notice under section 12.
1.3 You agree that notice of any change in these terms may be given by posting on the Clearwave website and by ordinary mail.
1.4 In addition to these terms, Clearwave has also adopted a Usage Policy which governs your use of the Clearwave service and may in fact; limit your use of the Clearwave service. Details are outlined further in this agreement.
2.0 Service, Allowances and Charges for Exceeding Allowances
2.1 The Clearwave service is a means of internet access via wireless modem (the equipment) connected to your computer or wi-fi router. In exchange for a monthly subscription fee as detailed on Clearwave’s website for Residential or COmemrcial Internet Services, Clearwave will deliver the subscribed service to your home by means of FWA (Fixed Wireless Access) technology and does not include a wireless router device for your home. This wi-fi device can be purchased separately by the subscriber or can be purchased from Clearwave directly for an additional fee.
2.2 The Service provides up to four (4) e-mail accounts upon request and varying quantities of data usage in gigabytes. Any allowance not used in any month may not be carried forward. One (1) DHCP assigned IPv4 static IP address will be issued per subscriber. Additional IP addresses are available.
3.0 Equipment Provided by Clearwave
3.1 Clearwave will provide the subscriber unit radio (wireless modem - remains the property of Clearwave), the Ethernet cable and power unit to power the wireless modem and technical assistance in configuring home wi-fi servcies. If you ask Clearwave to return and reconfigure your computer, initial connectivity to the Internet, and/or configure wi-fi, Clearwave may charge a service fee of $85 plus tax.
3.2 The customer may require a "wireless router" for creation of wi-fi in the home and this equipment is must be capable of connecting to a standard Ethernet demarc device provided by Clearwave.
3.3 Clearwave may provide and configure a wireless router to share the service in your home as required. This router will remain the property of the customer and will only be supported for 30 days by Clearwave. After 30 days, the customer will be required to contact the manufacturer of the router for technical support. Clearwave supplies the router as a convenience service only as our technical staff are trained in the setup of these devices and to make the installation of internet services for all computers in the home convenient for the customer. Clearwave’s primary object is to provide internet service, not home networking service. Clearwave can support your home network setup after 30 days, however any and all technical support questions will be billable at a standard IT technical support rate of $85.00 / hour or portion thereof. Mobilization charges may apply of a technician is required to visit your home.
4.0 Charges for The Clearwave service withstanding Additional Charges
4.1 Clearwave will charge monthly in advance for the Clearwave service commencing on the first day of each and every month after installation until you or Clearwave terminate the Clearwave service. Contract start dates not on the first of the month will be pro-rated based on a 30 day month to the first of the following month,
4.2 If you exceed the monthly allowance in section 2.2, you are subject to an additional charge. The current monthly additional charge is $0.95 per GB.
4.3 Clearwave may change the Clearwave service charges after the initial contract period.
4.4 Clearwave may require a non-interest bearing $ 300 deposit on some accounts.
5.0 Access to User’s Premises
5.1 You authorize Clearwave, its servants, agents, employees, contractors and representatives to enter your premises in order to install, maintain, inspect, repair or remove the Equipment. Access to your premises may or may not be at a mutually convenient time to Clearwave and you.
6.0 Permitted use of the Clearwave service
6.1 You agree to use the Equipment and the Clearwave service only as permitted by law and following Clearwave’s Usage Policy. The Usage Policy will be posted from time to time on the Clearwave website.
7.0 Prohibited Use of the Clearwave service
7.1 You agree not to use equipment or services and you further agree not to permit or allow use of the Equipment or Service, directly or indirectly to:
(a) Invade another person’s privacy; post, transmit, distribute or disseminate content which is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; post, transmit or disseminate objectionable information withstanding without limitation any transmissions consisting or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any municipal, federal or international law, order or regulation;
(b) Copy, distribute or sub-license any software provided by Clearwave, except that you may make one copy of each software program for backup or archival purposes only;
(c) Alter, modify, tamper with, or relocate the equipment and or services without prior notification to Clearwave in order to permit Clearwave to relocate the equipment for you within your premises;
(d) Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the equipment, services or the Internet, withstanding without limitation, posting or transmitting of any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitation feature; or generating levels of traffic sufficient to impede others ability to send or retrieve information; (e.g. ping flooding another users IP address);
(e) Disrupt Clearwave’s backbone network nodes or network services;
(f) Use the Equipment or Services in a way which is contrary to the Clearwave spamming policy posted on the Clearwave Web Site (www.clearwave.ca);
(g) Run World Wide Web, FTP or other servers from your premises without Clearwave’s approval;
(h) Resell Clearwave Internet Services and/or resell Internet services using Clearwave’s primary service.
8.0 File Sharing Programs / Video Streaming
8.1. Programs such as Bit-torrents and other file-sharing programs effectively turn your computer into a server and may greatly increase upstream and downstream traffic from and to your account. Use of these programs may cause you to exceed your traffic allowances resulting in additional charges. Overuse of these programs may also constitute abuse of the Clearwave service and lead to termination.
8.2 Video streaming services such as Netflix, Apple-TV, Crave-TV/Shomi, and YouTube and others consume a large amount of your monthly data transfer. Exceeding your plan’s data limit may incur over-usage fees, suspension of service until additional bandwidth is purchased, or restrict any further video streaming until the next billing cycle occurs.
9.0 Change of Residence
9.1 If you move to a new address within the geographical area served by Clearwave, you must notify Clearwave of the change in address.
10.0 Privacy Policy
10.1 Clearwave has no obligation to monitor the traffic content however, you acknowledge and agree that Clearwave has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental requirement, to operate the Clearwave service properly, or to protect itself or its subscribers. Clearwave reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms.
10.2 All personal Information retained by Clearwave including contact and financial details will only be held in our billing database while the subscriber remains a current customer and post (terminated) accounts will have information retained for 1 calendar year. No information will ever be shared with any partner or affiliate of Clearwave Broadband Networks or third-party entity. The information Clearwave retains is solely for the use of Clearwave Broadband’s ongoing service to our customers.
11.0 Clearwave’s Retention of Rights
11.1. Nothing in these Terms shall be construed to limit Clearwave’s recourse against any User for any act or omission of you in connection with the Clearwave service in breach of these terms, at law, and/or the usage of policies set by Clearwave from time to time.
12.0 Termination
12.1 At Clearwave, we strive to maintain operational efficiency while providing our services. To that end, we have established the following cancellation policy
12.2 Cancellation Timeline: Cancellations will not be accepted at the beginning, middle, or end of the month. This policy is designed to ensure that our operations run smoothly and that we can fulfill our commitments to all clients.
12.3 Invoicing and Refunds: Due to our 15-day pre-emptive invoicing system, invoices become due on the 1st of every month. Consequently, we are unable to offer refunds for cancellations made during an active billing cycle.
13.0 Warranty
13.1 An initial 60 day money back guarantee on your installation fees if the service either does not work reliably or meet your expectations is offered.
13.2 Clearwave does not warrant uninterrupted use or operation of the equipment or services.
13.3 Clearwave does not warrant that any data or files sent by or to you will be transmitted in an uncorrupted form or within a reasonable time.
14.0 Back-up Requirements
14.1 The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to your computer. You agree to back-up all existing computer files by copying them to another storage medium prior to installation of the Equipment. Clearwave shall have no liability whatsoever for any damage to, or loss, or destruction of your software, files or data.
15.0 Ownership/Damages Re: Equipment
15.1 All Equipment, (except network hardware such as hubs and NIC’s purchased by the user), will at all times remain the property of Clearwave. You may not sell, any part of the Equipment to any third party. You shall pay for the full retail cost of the repair or replacement of any lost, stolen, unreturned, damaged, sold, together with any costs incurred by Clearwave in obtaining or attempting to obtain possession of any such Equipment, up to a maximum of $900.00 plus applicable taxes. You hereby authorize Clearwave to charge the user’s VISA, MasterCard, other credit card or other payment method authorized by you for any outstanding Service and Equipment charges due to Clearwave.
16.0 Virus / Firewall Limitation
16.1 Virus and Firewall protection is the responsibility of the user. Clearwave will assume no liability for virus infection as a result of using the internet. The responsibility for virus detection and removal will be the responsibility of the user. Clearwave will not support any technical issues that arise from third party software the client installs on their computer (s).
17.0 Limitation of Liability
17.1 Clearwave is not liable to you or to any third party for:
(a) Any direct, indirect, incidental, special, punitive or consequential losses or damages, withstanding loss of profits, loss of earnings, loss of business opportunities and personal injuries (withstanding death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Clearwave service by you or any other user of the Equipment or the Clearwave service, withstanding, without limitation, any damage resulting from or arising out of your reliance on or use of the Equipment or the Clearwave service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or the Clearwave service;
(b) Any losses, claims, damages, expenses, liabilities or costs (withstanding legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, damage suit or other proceeding based upon a contention that the use of the Equipment or the Clearwave service by you or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
17.2 This limitation applies to all acts, omission, or gross negligence of Clearwave, its officers, employees, agents, contractors or representatives, which, but for this provision, would give rise to a cause of action against Clearwave in contract, tort or any other legal doctrine.
17.3 Your sole and exclusive remedies are as expressly set out in these terms.
17.4 In the event of any breach by Clearwave, its affiliates or its gents, withstanding any breach of fundamental term or negligence, your exclusive remedy is to receive from Clearwave payment for actual and direct damages to a maximum amount equal to the fees paid by the Customer to Clearwave in the past three months.
18.0 General
18.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.
18.2. These Terms replace all prior written or verbal Terms regarding the Clearwave service.
19.0 How to Contact Clearwave Broadband
19.1. For any inquiries or notices required in connection with these Terms, you may contact Clearwave by e-mail at info@clearwave.ca or support@clearwave.ca or by telephone at 780-669-9283 for general inquiries or 780-701-3401 for tech support.
Privacy Policy
Clearwave’s policy on all aspects of our website and services is to respect and protect the privacy of our users. Clearwave does not disclose, rent or sell your email address or any of your personal information we may receive to any third party, without your express, written consent.
Please note that contributions you make to the site (ISP Ratings and reviews) become the property of Clearwave, which we can delete or modify as we may see fit. (We never, ever take credit for your words or quotes, however)
At any time you may communicate with Clearwave via private email; No matter the content, your contact details and information remain confidential, unless you give explicit permission to pass it on to a third party.
Any comments, complaints or compliments you make in private about an ISP or your experiences with an ISP will remain confidential - they will never be passed along to the ISP unless you specifically give permission to do so, with one exception:
Any comments posted publicly or privately via Clearwave that is deigned to maliciously attack or libel an ISP, accuse and ISP of illegal acts without a conviction from a Canadian Court, contact information WILL be given out to aid in prosecution.
Changes
We reserve the right to make changes to this policy at any time. It is your responsibility to check this page from time to time to keep updated on any changes, though we will make best efforts to notify users of changes.