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These terms and conditions (“Residential DSL T&C”) apply
to the Waypoint Communications Inc. (“Waypoint”) DSL services
and may incorporate the Waypoint General Terms and Conditions (“Waypoint
General T&C”) for Internet Services found at http://www.waypoint.com/netcenter/terms.asp.
This Residential DSL T&C agreement between you (“the Customer”)
and Waypoint in no way supercedes, negates, or otherwise limits the Customer’s
obligation to abide by the Waypoint General T&C. Rather, the Residential
DSL T&C is provided as a supplement to the Waypoint General T&C
providing specific information relevant but not limited to the provision
of Internet service to the Customer utilizing Digital Subscriber Line
technology (“the Service”).
1 Installation of DSL Service
1.1 Waypoint will specify the time frame the DSL service will be enabled
on the Customers phone line. Waypoint will endeavor to keep to the specified
time frame, but Waypoint cannot be liable for any loss suffered by the
Customer if Waypoint fails to do so. The Customer understands and accepts
that efforts on the part of the local telephone service provider (Qwest
Communications) are necessary to successfully complete the installation
process, including but not limited to providing DSL access equipment
as well as the actual DSL service to the Customer. Waypoint is not liable
for the results of any efforts on behalf of the local telephone service
provider.
1.2 The Customer must provide a suitable place and conditions for the
service if applicable. The Customer must provide electricity and connection
points for the facilities and equipment at the Customer's own expense.
1.3 The DSL service will be enabled to the location
specified by the Customer. The Public Switched Telephone Network (PSTN)
line must terminate
in a standard wall socket. It is the Customer’s responsibility
to ensure the terminating wall socket of the PSTN line the DSL service
is to be enabled on has sufficient power lead near enough to service
the Customers hardware, including the DSL modem.
1.4 Waypoint cannot guarantee the enabling of this service
due to distance, line quality, or other factors, even if the Customer’s
line successfully passed the loop qualification test or the Customer
was otherwise advised
that DSL service could be enabled.
1.5 The Customer will be liable for the cost of any third party services
that may be required in connection with the commencement of the DSL service
on the Customer's PSTN line. Customer is responsible for notifying Waypoint
if any additional services are required before the DSL service can be
successfully enabled.
1.6 Customer acknowledges that certain services are incompatible with
DSL. In the event that services on your PSTN line make it incompatible
with the DSL service, Waypoint will contact you. Waypoint will be unable
to supply the service until the incompatible services are removed or
an alternate PSTN number for the same location can be supplied without
the incompatible services.
1.7 If the PSTN line the Customer nominated for the DSL service is currently
being used, there will be an outage while the DSL service is enabled.
Waypoint is not liable for any degradation of your regular telephone
service if the Customer should continue to use the PSTN service for phone/fax/modem.
1.8 It is the Customers responsibility to ensure that each handset sharing
the designated PSTN has an inline line isolation filter ordered.
1.9 Waypoint reserves the right to commence contractual billing at the
time of enabling DSL on the nominated PSTN line.
2. Changes to installation
2.1 If the Customer requests a change in the location at which the Service
is provided (for example, the Customer has moved to a new address), Waypoint
cannot guarantee that it will be able to provide the Service at the new
address. The Customer will have to pay any charges associated with the
request for change in service location.
2.2 If the Customer wishes Waypoint to provide the Service at a location
other than the Customer's premises, the Customer will have to sign a
separate agreement with Waypoint for the additional service provided
at the location.
3 Security
3.1 Waypoint is not responsible for the security over the Customer's
connection, and strongly recommends that some form of PC protection or
'firewall' be installed.
3.2 Waypoint is not responsible for the identification, filtering, or
prevention of viruses over the Customer's connection, and strongly recommends
that some form of anti-virus software be installed and kept up to date
on a regular basis.
3.3 The Customer will pay to Waypoint any administration charges spent
by Waypoint in connection with defined abuse or denial of service attacks
by the Customer, if applicable.
3.4 The Customer must ensure that there is no unauthorized or fraudulent
use of another customer's service originating from the Service provided
to the Customer's address.
4 Service
4.1 Waypoint will endeavor to provide the Service to the Customer. The
Service will generally be available 24 hours a day, seven days a week,
except for service maintenance times, of which Waypoint will endeavor
to notify the Customer in advance.
4.2 Waypoint cannot guarantee that the DSL connection is always available
or is continuously available.
4.3 In order to optimize network performance and prevent excessive bandwidth
consumption, Waypoint reserves its right to limit Customer's performance
from time to time.
4.4 The Customer may experience variations in response time and capacity
of the Service depending on various factors, including but not limited
to the network demand at particular times.
4.5 The residential/home DSL service assigns a dynamic
(not fixed) IP address to the Customer. As a result, this DSL service
is not suitable
to provide for the Customer’s hosting of email servers, web servers,
file servers, or any other hardware, software, or service permitting
public access. Waypoint prohibits and blocks use of this DSL service
for such applications.
4.6 The DSL service may only be used at the physical address specified
by Customer in the application form.
4.7 The Customer must not use the DSL service as a back channel for
satellite.
4.8 The Customer must not resell the whole or any part of the DSL service
to any person or organization, in any form.
5 Appropriate Usage of DSL Services
5.1 Waypoint may reduce the speed on a DSL service when
the customer uses the Service excessively (“bandwidth throttling”).
5.2 Waypoint may:
5.2.1 in its absolute discretion determine what excessive usage is;
5.2.2 continually monitor usage to determine whether the customer has
used the Service excessively; and
5.2.3 restore the speed of the Service to the level existing prior to
bandwidth throttling, where at its discretion, the customer has ceased
excessive use of the Service over a continuous period;
5.3 The Customer acknowledges and understands that:
5.3.1 The DSL services are for personal use, and are not suitable for
business or commercial use;
5.3.2 the advertised speed of the Service is the speed at which the
Service starts before any bandwidth throttling takes effect;
5.3.3 Waypoint needs to use bandwidth throttling in situations where
the Customer uses the Service excessively, to provide sufficient bandwidth
for other customers;
5.3.4 bandwidth throttling may make the DSL service slow;
5.3.5 usage of the DSL service includes but is not limited to the uploading
or downloading of data;
5.3.6 before ordering the DSL service they have read these conditions
and are aware of the effect of bandwidth throttling.
5.4 This clause will prevail where there is an inconsistency with any
part of these terms and conditions.
5.5 Waypoint will not be responsible for any loss, damage or claim resulting
(including indirectly) from bandwidth throttling, and the customer will
indemnify Waypoint against such loss, damage or claim, to the extent
allowed by law.
6 Customer Promises and Warranties
6.1 The Customer will, at its own cost:
6.1.1 be responsible for the set-up or configuration of Customer's equipment,
including but not limited to computer hardware and software, and obtaining
all licenses, consents, approvals and rights for access to and use of
the Service;
6.1.2 be responsible for all information retrieved, stored and transmitted
through the Service and for managing the use of storage capacity so that
it does not exceed the capacity allocated to Customer and/or cause congestion
in Waypoint's network system;
6.1.3 comply with any and all laws and/or ordinances
which are applicable in connection with the Customer’s use of
the Service.
6.2 The Customer warrants that it will be the sole user of the Service.
The Customer may, at its discretion, allow use of the Service by persons
who regularly reside at the physical location to which the Service is
provided.
6.3 The Customer must not use or permit anyone else to use the Service
without Waypoint's permission.
6.4 The Customer warrants that the information supplied by them in relation
to the Service is true and correct.
6.5 The Customer shall be responsible for backup and storage of the
Customer's software including, without limitation, downloaded email and
personal web sites.
7 Termination & Fees
7.1 The Customer must pay the service fee for any minimum period of
service. The standard minimum period of service for residential DSL accounts
is 1 (one) calendar month, unless otherwise specified or arranged. If
Customer terminates this agreement before the expiry of any minimum period,
it must immediately pay the service fee for the minimum period during
which the service was terminated.
7.2 After the expiration of the minimum period, the
standard billing interval for residential DSL service is 1 (one) month.
Should the Customer
wish to terminate DSL service, notification must be received in writing
5 (five) days prior to the beginning of the next standard billing interval
in order to avoid service fees for the next standard billing interval.
In all cases the Customer must immediately pay the service fee for the
standard billing interval during which the termination request was received.
The Customer understands and accepts that all accounts remain active
and unpaid service fees are due and owing for standard billing intervals
until a termination request is received in writing. The Customer understands
that its use, or lack thereof, of the DSL service is in no way a determining
factor as to either the status of their account or the Customer’s
responsibility in regards to all unpaid service fees for all standard
billing intervals up to and including the date Waypoint receives notice
of cancellation from the Customer as outlined above.
7.4 Waypoint has complete discretion in assessing whether
Customer has breached any of Customer's security or service obligations
under clauses
3 and 4. Waypoint may suspend or terminate the service if the Customer
breaches any of these “Residential DSL T&C”.
7.5 If the agreement is terminated in accordance with Clause 3.4, the
Customer must immediately pay the Service Fee for the standard billing
interval.
7.6 Upon termination of this agreement by either party, Waypoint will
cancel with the local telephone service provider, (Qwest Communications)
the PSTN service to which the DSL service is connected. This agreement
shall thereafter be at an end but without prejudice to any accrued rights
of either the Customer or Waypoint pursuant to this agreement.
8 Support
8.1 If the Customer experiences a problem with the Waypoint service
or the facilities, the Customer should report it to Waypoint's Technical
Support Team by telephoning 360-385-6003.
8.2 Waypoint will use reasonable efforts to rectify the problem as soon
as possible.
8.3 If the Customer reports a fault and Waypoint finds there is no fault
or Waypoint did not cause the fault, Waypoint may charge the Customer
for any work Waypoint has done to try to find the fault or repair it.
This pertains but is not limited to any third-party Internet based sites
or services which Waypoint does not directly operate or control.
8.4 Waypoint is not responsible for software not distributed, approved
or recognized by Waypoint including software downloaded from the Internet.
8.5 Waypoint is not responsible for and will not support any form of
network using the home DSL service.
8.6 Waypoint will not be liable for any fault, loss and/or damage resulting
directly or indirectly from use with the DSL service by the Customer
of software not approved by Waypoint.
8.7 Waypoint may access the Customer's content and other parts of the
service as necessary to identify or resolve technical problems or to
respond to service complaints.
8.8 Waypoint may, but is not obligated to, provide the Customer with
on site technical support. This is a charged service with separate terms
and conditions. | 