TERMS OF SERVICE
This is a contract between you and iON powered by MTEL (iON). It spells out the terms and conditions that apply to your use of the video and audio programming and related services provided by iON (collectively, the “Services”).
By subscribing to the Services or by using the Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO, ACCESS OR USE THE SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SERVICES ACCOUNT, IF YOU HAVE ONE.
1. iON reserves the right to amend this Agreement at its sole discretion, at any time. iON will notify you of any amendments to this Agreement by sending you notice of the amendment via e-mail to your primary e-mail address. You agree to go to the Services Web Site regularly in order to be aware of any amendments posted on such site and your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement. If you do not agree to any amendment, you must immediately terminate your Services account.
2. You acknowledge and agree that access to and use of the Services from any location other than your address for the delivery of the Services, according to iON records, (your “Billing Address”), is prohibited. The Services are for your private home viewing and use only.
3. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) 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.
4. As the Services account holder, you are responsible for your account and the maintenance of all usernames and passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are responsible for maintaining the confidentiality of your account and all usernames and passwords related to your account. You agree to immediately notify iON, of any unauthorized use of your account or any usernames or passwords related to your account or of any other breach of security, and to provide assistance to iON, as requested, to stop and/or remedy any breach of security.
5. You hereby agree that iON and/or its agents may collect, use and disclose personal information about you that you have provided to iON and/or its agents in connection with provision of the Services. In addition, you agree that iON and/or its agents may disclose such personal information on a confidential basis to its content suppliers (and their agents and contractors) for the purpose of conducting marketing research in relation to use of the Services and addressing customer comments regarding Services content.
6. You agree to provide current, accurate and complete customer information as prompted by iON registration processes or as otherwise requested by iON or its agents and you agree to promptly notify iON, of any changes to this information as required to keep it current, complete and accurate.
7. Following any applicable free trial period for the Services, you agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services through your account, in accordance with the rates and billing policies established from time to time by iON. Such rates and policies will be posted on the Services Web Site or otherwise made available to you by iON. Free trial periods (if applicable) are only offered in connection with your first Services subscription and are not available for any subsequent Services subscriptions. The first billing period for your Services account begins on the date of your STB registration.
8. Rebates or service credits applicable to fixed term agreements, if available, are described on the Services Web Site.
9. Available billing and payment options may vary depending on your Billing Address or other factors and iON reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If charges are included on your iON bill, such charges are due on the due date shown on such bill. If payment is not received by iON by this due date, interest shall accrue on the outstanding amount at the rate shown on the bill or, if no rate is shown on the bill, at the simple interest rate of 2% per month. If a pre-authorized bank (or other financial institution) account debit (a “Bank Account Debit”), where applicable, is returned unprocessed to iON, iON reserves the right to apply a returned payment fee of $25.00, plus applicable taxes, to your account.
10. Your right to use the Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method, you expressly authorize iON or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and iON does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by iON.
11. Any failure of iON to make a bill or statement available to you pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify iON of any errors, discrepancies or irregularities in any billing within 90 days after they first appear on your bill or statement, such bill or statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release iON from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to iON within 90 days of the publication date of the applicable bill or statement.
12. You agree to pay all costs incurred by iON in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement including, without limitation, lawyers’ fees.
13. The Services are subject to the availability of suitable equipment and facilities and consequently all Services are not available at all locations.
14. In order to receive the Services you must have an active high speed Internet service.
15. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by iON as being necessary for access to the Services. You acknowledge that such requirements may change from time to time, with or without notice, at iON sole discretion.
16. In order to receive the Services you are required to subscribe for and maintain minimum levels of programming (i.e. the “Essentials” programming package). iON shall post such minimum levels of programming on the Services Web Site. You acknowledge that such minimum levels of programming may change from time to time, with or without notice, at iON sole discretion.
17. Final confirmation of Services availability cannot occur until the iON digital set top box(es) and associated components (remote control, cabling, and wiring) have been installed at your premises.
18. iON does not guarantee that the Services will operate with all equipment or software including, without limitation, all television sets, Internet access or home networking equipment, remote controls, home theatre components or other audio/visual equipment.
19. You acknowledge that some of the Services programming may be blacked out from time to time in your local reception area due to restrictions imposed by programming suppliers or other reasons. In some instances, alternative Services programming may be provided in place of blacked out programming.
20. You acknowledge that iON may establish general practices and limits concerning use of the Services. Such general practices and limits shall be posted on the Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in iON sole discretion. iON reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.
21. You authorize iON, its employees, agents, contractors and representatives, to enter your premises and access your equipment, wiring and facilities for the purpose of installing, maintaining, inspecting, repairing or removing the Services and the iON Set Top Box. Access to your premises will be at a time that is mutually convenient for you and iON.
22. You must provide a suitable location for the installation of the iON digital set top box within 2 metres of your television set and other audio/visual components (as specified by iON). The location must provide reasonable ventilation and protection from damage to, theft or loss of, the iON digital set top box.
23. Additional charges shall apply when it is necessary for iON to install special equipment or wiring, to incur an unusual expense to establish the Services at your premises, or to move, change, rearrange or reinstall the Services or the iON Set Top Box at your premises.
24. You agree that iON is not responsible for any damage to or loss of your property arising from the installation, operation, maintenance or removal of Services or the iON Set Top Box, or from other services provided at your premises.
25. In no event will iON be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation or maintenance appointment for the Services is missed, either by iON or by any third party installer.
26. iON shall not be responsible for any changes made by you to the Services wiring, iON Set Top Box or other aspects of the Services. If any such changes result in a service or repair call, additional charges for such call shall apply.
27. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, iON is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including without limitation any equipment or software used in connection with the Services.
28. If you rent the iON Set Top Box from iON, the iON Set Top Box is at all times owned by iON and you hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of the iON Set Top Box. You further agree not to tamper with or modify the iON Set Top Box in any way.
29. The iON Services help desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the Services Web Site. Assistance is limited to your problems using the Services and may exclude problems related to certain equipment and software, as specified by iON, in its discretion. You acknowledge that charges may apply to certain support services, as specified by iON. iON cannot guarantee the resolution of any particular problem or Services interruption.
30. You acknowledge and agree that from time to time iON may send you updates and notices regarding the Services to you via e-mail you provided.
31. During the term of this Agreement, iON will provide, at its option, remote diagnostic support or on-site support (including, at iON option, repair or replacement of equipment that is defective in material or workmanship) for iON-owned iON Set Top Boxes.
32. During the term of this Agreement, iON will provide, at its option, remote diagnostic support or on-site support for iON Set Top Boxes owned by you. However, additional charges may apply to on-site support of such iON Set Top Boxes.
33.You acknowledge that some of the programming content, information and material that is available through the Services may be offensive or objectionable to you and you agree that iON is not responsible or liable for any harm or damage suffered by you or any third party as a result of offensive or objectionable content. iON recommends that minors using the Services be supervised by an adult.