Terms of Service

The following terms and conditions of service (the “Terms”) govern your use of the Services. Any current Mobilewave Communications (“Mobilewave”) document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the “Materials”) together with these Terms constitute our agreement with you (the “Service Agreement”). If there is any inconsistency between the Materials and these Terms, these Terms will prevail. No sales representative, dealer, agent, officer or employee of Mobilewave has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MOBILEWAVE AND CONTAINS IMPORTANT TERMS, CONDITIONS AND LIMITATIONS RELATING TO MATTERS SUCH AS 9-1-1 SERVICE, LIABILITY, WARRANTY AND CUSTOMER OBLIGATIONS. BY ACTIVATING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS, CONDITIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT.
Throughout this document:

us, we, our, Mobilewave and Mobilewave means the Mobilewave entity named in the Service Agreement;
Service or Services means any or all of the wireless services, Internet access services, phone services, or other services that you subscribe to under the Service Agreement or receive from or through Mobilewave;
Equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Services.

Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, content or any other aspects of the Services, as well as any term or provision of the Service Agreement, without notice to you. If you do not accept a change to the Services, your sole remedy is to terminate the Service Agreement and the Services provided under the Service Agreement.

By entering into the Service Agreement, you:

authorize Mobilewave to obtain information about your credit history and agree that Mobilewave may provide information to others about your credit experience with Mobilewave;
accept all provisions of the Service Agreement, including those set forth in the Materials and these Terms;
agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
acknowledge that you have received and had the opportunity to review a copy of the Service Agreement, including the Materials and these Terms;
confirm that the information you have provided to us is up-to-date and accurate; and
agree to notify us of any change in your information.

These Terms of Service constitute the agreement between you (“you” or “Customer“) and Mobilewave Corporation (“us” or “Mobilewave“) that sets out the terms and conditions that apply to your use of all or any of the services (collectively, the “Services“), including high speed Internet access (“High Speed Services“), Voice over Internet Protocol services (“VoIP Services“) and dial-up Internet access (“Dial-Up Services“) and related software, equipment and components provided by Mobilewave to you (collectively, the Equipment).

Service Agreement. By activating or using any Service, Equipment or user account with Mobilewave with respect to the Services (your “Account“), you agree to be legally bound by and abide by the terms of this Agreement. If you do not wish to be bound by this Agreement or any modifications which may be made by Mobilewave from time to time (as described in Section 1), you may not activate or use any Service or Equipment and you must immediately contact Mobilewave immediately to terminate your Account, if you have one, and this Agreement.
Amendments to this Agreement. Mobilewave reserves the right to amend this Agreement at any time. Mobilewave will use reasonable efforts to publish each amendment before such amendment becomes effective, but at all times ensure that the latest, fully amended version of this Agreement is published, on its website at www.mobilewavecommunications.com, or such address as may be updated from time to time (the ï¿½Mobilewave Web Siteï¿½). Mobilewave may, but is not required to, advise you of such amendments by (a) sending you an electronic mail at the electronic mail address registered on your Account, or (b) or mailing notification by Canada Post to the address shown on your Account. You are responsible for regularly reviewing the Mobilewave Web Site to obtain timely notice of such amendments. If any amendment is unacceptable, you may terminate your Account and this Agreement. If you do not terminate this Agreement before the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.
Legal Capacity. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the jurisdiction in which you reside and that you possess the legal right, capacity and ability to enter into this Agreement and use the Services in accordance with this Agreement.
Services. The details of the various Services, including other products and services offered by Mobilewave can be found on the Mobilewave Web Site. Mobilewave may, from time to time at its sole discretion and without notice or liability, create, amend, change, or delete any Service, including changing pricing for any Services, introducing new Services, substituting old Services for new Services, changing any Service features and deleting any Services. If you do not agree with such changes, you may (as your sole remedy) terminate your Account as outlined in this document. The various Services offered by Mobilewave include a variety of access speeds and features, such as varying tiers of Dial-Up Services, VoIP Services and High Speed Services.
Term of Agreement. Service is offered and paid for, and the term of this Agreement shall be, on a prescribed recurring basis (usually monthly, though certain Services are offered on different recurring periods) for a term that begins on the date that your Account is activated (your “Billing Date“) and ends on the day before the same date in the following period (the “Recurring Period“). The Services, and this Agreement, will automatically renew for the same Recurring Period, at Mobilewave’s then-current rates and terms, without further action by either party unless this Agreement and the Account is terminated by the customer. You acknowledge and agree that the Service is provided for the full Recurring Period, meaning that if you attempt to cancel the Services or terminate this Agreement prior to the end of the applicable Recurring Period, you will be responsible for all charges relating to the then-current Recurring Period, including unbilled charges, plus a disconnection fee (if applicable), an early cancellation fee for term-based Service contracts (if applicable), and a fee for any unreturned Equipment that is the property of Mobilewave (if applicable), all of which will become immediately due and payable.
Content Warning. You acknowledge that the Services provide access to content, information and materials that are uncensored. Mobilewave makes no representation, express or implied, about such content, information or material. You acknowledge that some of the content, information and material that is available through the Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. You further acknowledge and agree that you and all those who use your Account or the Services are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent using the Services. Without limiting the foregoing, Mobilewave recommends the following for parents or guardians of minors who may be using the Services: (a) advise each minor to never divulge personal information such as his or her name, phone number or address over the Internet or the Services, and to never organize meetings with other users of the Internet or the Services without your strict supervision and parental approval; and (b) supervise the use of the Services by minors and require that they inform you as to the materials and information that they access. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the services (other than voice services) or the equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the services, ensure compliance with the service agreement or any policies, or protect ourselves, our customers or the public.
Your Account and Account Use. The use of any Service requires a valid Account. Regardless of whether you are the Account-holder, your use of any Service shall at all times be governed by this Agreement; however, if you are not the Account-holder, you are only permitted to use the Services with the permission of the Account-holder.
Account Holder. If you are the Account-holder, you are responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account. You are solely responsible and liable for any and all activities that occur under your Account, including all activities of any sub-Account holders and persons who gain access to your Account, whether with or without your permission. You agree to immediately notify Mobilewave of (a) any unauthorized use of your Account, any Service provided through your Account or any password related to your Account, or (b) any other breach of security with respect to your Account or any Service provided through it, and you further agree to provide assistance to Mobilewave, as requested, to stop or remedy any breach of security related to your Account.
Customer Information and Privacy. You acknowledge that you have read the Mobilewave Privacy Policy found online at http://www.mobilewave.net as it may be updated from time to time (the “Mobilewave Privacy Policy“), and hereby consent to the collection, use and disclosure by Mobilewave and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Mobilewave Privacy Policy. You also consent to Mobilewave's use of such personal information in accordance with applicable terms and conditions contained in this Agreement.
Account Information Accuracy. You agree to provide true, current, accurate and complete customer information as prompted by Mobilewave registration or Account-creation process or as otherwise requested by Mobilewave or its agents from time to time and you agree to promptly notify Mobilewave of any changes to this information as required to keep such information held by Mobilewave current, complete and accurate. For greater continuity of Service, you must update your Account information at least 7 days prior to any change as this may affect emergency calls for VoIP Service as well as other services.
Billing and Payment It is the responsibility of the customer to read and understand the following billing policies (the “Billing Policies“). Mobilewave reserves the right to change the Billing Policies at our discretion and without notice. The Billing Policies are set out as follows:
1. Fees. As an Account-holder, you hereby agree to pay such fees, including all applicable taxes, incurred by the use of any Service in arrears upon demand by Mobilewave, all of which shall be charged to you in accordance with the rates and conditions established by Mobilewave for the Service and as such rates and conditions may be amended by Mobilewave from time to time in accordance with this Agreement. Such rates and fees will be posted on the Mobilewave Web Site or otherwise made available to you by Mobilewave. Typically, an account will incur two types of fees:
  - Service-Based Fees – recurring, periodic Service fees based on the Services you have selected (please refer to your invoices, Dashboard, and the Mobilewave Web Site for specific characteristics of your Services); and
  - Usage-Based Fees and other Fees – depending on the Services to which you subscribe, fees based on usage (such as the number of hours or minutes used, the amount of data sent or received, or the destination or location of data transmitted and received) or other fees described in this Agreement (such as late fees or suspension fees on delinquent accounts).
  You remain responsible for all unauthorized use of your Account until you notify Mobilewave in accordance with this Agreement.
2. Billing and Invoices. Accounts are invoiced on your Billing Date, and invoices are generated and sent electronically via e-mail or on paper to the address registered with your Account via postage mail depending on your indicated preference. Your Service fees will be invoiced and billed in advance and must be paid in advance of each Recurring Period. Your usage-based fees for previous Recurring Period’s Services will appear on your invoice as a separate line item and will be billed in arrears. For greater clarity, this means that you shall pay a periodic Service fee in advance at the beginning of each Recurring Period, together with any usage charges or other fees from previous Recurring Periods. Any failure of Mobilewave to provide you with a bill or invoice pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless otherwise agreed to in writing by Mobilewave, we will bill you monthly and may bill you for up to six month from the date the charge was incurred.
3. Payments and Payment Methods. All amounts invoiced are due and payable upon receipt of said invoice. The following pre-authorized or automatic payment options are available to you: Contact our billing department for more information or to sign up for or withdraw from any particular method of payment. Available billing and payment options may vary depending on your location, the Services you receive or your plan, and Mobilewave reserves the right to modify the types of payment it will accept, at any time, in its sole discretion.
  1. Pre-Authorized Payment. To sign up for Pre-Authorized Payment, and you must either complete the “Pre Authorized Payment” form with full signature by the Account holder (contact Mobilewave customer support to obtain a copy) or complete the Pre-Authorized Payment process available online through the Mobilewave Customer Dashboard if your Account has already been activated. It is your responsibility to notify Mobilewave promptly of any changes to your bank payment information. Accounts will not be backdated nor will payments or fees be refunded or reversed for non-usage or to avoid additional usage-based fees or service fees. Automatic payments are processed on the Billing Date. Account adjustments must be made a minimum of 5 days prior to the assigned auto-debit processing date. Mobilewave reserves the right to cancel a Pre-Authorized Payment Plan with written notice to you. If two payments in the same calendar year fail to be honored, the company may cancel enrolment in the Plan.
  2. Credit Card. Automatic monthly payments may be made using a major credit card: Visa, MasterCard or American Express. It is your responsibility to notify Mobilewave promptly of any changes to your credit card payment information prior to your next Billing Date. To sign up for automatic monthly credit card payments, you may complete the Credit Card payment process available online through Mobilewave Customer Dashboard if your Account has already been activated.
  3. Bank. You may make your payment at a bank service counter or bank machine. Your printed invoices will contain a stub that can be separated from the rest of the invoice; the bank will require this stub in order to process the payment. Accounts will not be back dated nor will payments or fees be refunded or reversed for non-usage or to avoid additional usage based fees or service fees. Bank Payments are processed on the billing date. Account adjustments must be made a minimum of 5 days prior to the assigned processing date.
  4. By Cheque. You may mail a cheque payable to Mobilewave along with your invoice stub, to Mobilewave, 50 Richmond Street East, Suite 105, Oshawa ON L1G 7C7
4. New Accounts. All Account invoices are payable immediately upon issuance, whether delivered via e-mail or postage mail. If you are set up for credit or Pre-Authorized Payments, these amounts will be automatically taken care of by your credit card company or banking institution. If these payments are declined, you will be notified by our collections department. Your Service may be suspended at Mobilewave’s sole discretion until such time as Mobilewave receives full payment.
5. Prepayment and Promotional Rates. If you elect to prepay your account for a duration agreed upon by Mobilewave, you may be qualified for a prepayment discount. If the account is not paid in advance by the next billing date, your prepayment discount will be removed. Mobilewave does not combine prepayment discounts with any other specials or promotions. Mobilewave allows one special discount or promotion per account at any given time. Mobilewave reserves the right to discontinue prepayment discounts and other promotional specials following any billing date.
6. Late, Rejected and Unpaid Amounts. If any payment you make is rejected or returned for any reason, Mobilewave will charge a $25 ($10 for pre-authorized payment) processing fee to your Account, and your Account may be subject to suspension at Mobilewave’s sole discretion (A) for cheque payment methods, if not fully paid within 7 business days of Mobilewave’s notice to you of such a rejection, and (B) for pre-authorized debit, within 7 business days of Mobilewave’s notice to you of such a rejection and, (C) for other payment methods, immediately.
7. Unpaid Accounts, Late Fees, and Delinquency Fee. Any outstanding balance on your Account (including accumulated late fees) unpaid for 30 days after the invoice date will accrue late fees (commencing on the invoice date) at a rate of 2% per month, (26.82% per annum compounded) on the total amount overdue. You agree that we can charge any unpaid or outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre authorized by you for payment of our charges.
  1. Suspension of Unpaid Accounts. If there is an unpaid balance on your Account over 28 days in arrears, Mobilewave reserves the right to suspend your Services and/or Account or your access thereto until you make such arrangements to pay the balance owing in full, without affecting your obligation to pay all amounts outstanding. To reactivate a suspended Account, a $25 reactivation fee will be charged to your account and the full outstanding balance must be paid in full. Furthermore, Mobilewave may require a particular payment method be used for all future payments. Any Accounts outstanding for more than 90 days will be sent to collections and will be subject to other collection charges.
  2. Collection. You agree to pay all costs incurred by Mobilewave in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including lawyers’ fees. As outlined in the Mobilewave Privacy Commitment, Mobilewave may release customer information to a collection agency for collection purposes only, as Mobilewave does not sell personal information.
8. Service Plan or Payment Plan Changes. If you upgrade your Services, your Recurring Period will be pro-rated and the new Services will take effect immediately. Any adjustments made to your Account or the Services you receive can only be made by the authorized Account holder or other authorized person listed on your Account. At the time you sign up for a different method of payment, changes in your method of payment will go into effect immediately.
9. Username Change / Email Address Change. Your Account will have one or more usernames or e-mail addresses associated with it (each a “Username”). You can change your Username at any time. A $10 fee will apply to all User Name changes. A password must be provided with the new Username being activated. The user passwords associated with your Username may be changed at any time free of charge. You must back up any data associated with your Account, such as web-hosted materials, before changing any Username.
10. Cancellations. To cancel an Account or any Service, the authoritative Account holder must give a 30 day notice of cancellation by e-mail, fax, letter, telephone call or online submission. All Accounts will have the cancellation made effective at the end of the Recurring Period in which the request is received in. For greater clarity, Service fees will not be calculated on a prorated basis for any Recurring Period.
11. Refunds and Credits on an Account. All amounts paid or pre-paid to Mobilewave in respect of your account are non-refundable. If you have any credit remaining on a prepaid quarterly, semi-annual or annual account after cancellation, you may choose to have it 1) held on Account until future use, 2) transferred to another account holder of your choice, or 3) used for the purpose of changing the service to a mail-forwarding or other service of your choice. Credit left on an account is non-refundable. Account credits are not calculated for any partially used recurring periods.
12. Services Used. You, the Account-holder, shall be responsible for all usage charges on your Account, whether incurred by you or other users. It is your and not Mobilewave’s responsibility to track the use of your Account, including tracking any measurable units or charges that may be used in relation to your Account.
13. Limitation Period for Billing Disputes. Unless you notify Mobilewave of any errors, discrepancies or irregularities in any billing within 30 days after they first appear on your bill or invoice, such bill or invoice will be deemed accepted by you for all purposes and you agree to release Mobilewave from any and all liability and claims of loss resulting from such errors, discrepancies or irregularities.
14. Administration Charges may be levied for administration or account processing activities in connection with your account, including and not limited to the following:
  1. Collection efforts due to non-payment or having a balance over your credit limit
  2. Court costs in the event the matter requires legal dispute resolution
  3. Returned or rejected payments
  4. Change of any identifier (e.g. phone number)
  5. The restoration of service
15. Early Cancellation Fees. If you subscribed to a term, specific time commitment or a “committed period”, you may be subject to an early cancelation fee (“ECF”) for each service. Any decrease in your committed period may be subject to a fee. If your service is terminated prior to the end of the committed period, you will be required to pay Mobilewave the full balance of the unused portion of your commitment period plus taxes.
16. Security Deposits and mandatory prepayments. Mobilewave may require or impose a security deposit or mandatory prepayment of service at any time and on such terms as determined by us at our sole discretion. Upon notice to you we may assign, change or remove credit limits on your account.
Service Limitation by your Financial Institution. 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, pre-authorized payment, bank account withdrawal, Bank Account Debit, or other payment method you expressly authorize Mobilewave or its agents to charge all fees and charges incurred by you under this Agreement to such payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement.
Service Limitations. The following provisions apply with respect to all Services:
1. General Practices and Limits. You acknowledge that Mobilewave may establish general practices and limits concerning the use of the Services, including: the maximum size of any e-mail message or other data that may be sent from or received by an Account; the maximum disk space that will be allotted on Mobilewave’s servers on your behalf; the maximum amount of data, speed of data or type of data that may be sent from or received using the Services or Account; and the maximum number of days that e-mail messages, voice messages or other data will be stored on Mobilewave’s servers. You agree to comply with all such general practices and limits, regardless of when or how such limits are conveyed to you. 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 Mobilewave’s sole discretion. Mobilewave 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.
2. Availability. All Services are subject to the availability of suitable equipment, facilities and infrastructure and consequently all Services are not available at all locations.
3. Virus, Spam and Spyware Protection. For any Services for that any of virus protection, spam control, or spyware protection are offered, you acknowledge and agree that these features are network-level services that attempt to filter such content before reaching your equipment; however, such features will not protect your equipment from any malicious, surreptitious or disabling code, virus, Trojan horse, spyware or spam that are able to circumvent such filters. As a customer, you are ultimately responsible for protecting your account and equipment from Viruses, Spam and Spyware and Mobilewave will not be held liable.
4. Internet-based Services. The Services depend on the Internet, including networks, cabling, facilities and equipment that is not in the control of Mobilewave; accordingly (i) any representation made by Mobilewave regarding access performance, speeds, reliability, availability, use or consistency of the Services are on a “commercial best efforts” basis, (ii) Mobilewave cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet (such as calls made using VoIP Services, or e-mail messages sent or received) may not be completely private, and your anonymity is not guaranteed.
5. Interoperability. Mobilewave does not guarantee or make any representation or warranty that any Service will operate with any particular equipment or software, including all Internet applications and appliances. It is your responsibility to ensure that your equipment and software meet the current minimum requirements specified from time to time by Mobilewave as being necessary for access to any Service (however, compliance with such minimum requirements does not imply compatibility with the Services). From time to time, the equipment or software required to access the Services may change. Accordingly, your equipment or software may cease to be adequate to access the Services. In such circumstances, you may choose to upgrade your equipment or software, the cost of which will be borne by you, or you may choose to terminate your Account.
6. Compatibility. The Services or any Equipment used to access the Services may interrupt the functioning of some home or business security systems or other devices that use the same phone line(s), communications hardware or protocols. You agree that Mobilewave is not responsible for any such problems or interruptions. You are responsible for ensuring that your premises are appropriately wired to ensure proper functioning of any such security systems or other devices prior to installation of the Services.
Dial-Up Service-Specific Provisions. You acknowledge that it is possible that the access numbers used by your modem to connect to the Dial-Up Services may result in additional or long distance charges being billed to you. You are solely responsible for determining whether the access numbers you are using are subject to any additional or long distance charges and you agree to pay all such charges, including those that may be billed to you by a third party. Mobilewave will not reimburse you for any charges incurred by you as a result of selecting access numbers that are subject to additional or long distance charges. Information concerning additional and long distance charges is available on Mobilewave’s web site.
Inactivity. Notwithstanding any provision to the contrary, Mobilewave may temporarily disconnect your access to the Service for “inactivity”. “Inactivity” is defined as logging into the Dial-Up Services for an extended period without any network activity. You may not use any software or any other device for the purpose of simulating network activity (such as “keep alive” software) to avoid inactivity disconnection.
High Speed Service-Specific Provisions. High Speed Services have transfer rate limits as described in your Account plan. If your transfer rate exceeds these limits, extra fees may be charged per gigabyte or MOBILEWAVE may, at its sole discretion, terminate or suspend your Service or Account.
VoIP Service-Specific Provisions. THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 911 ACCESS. PLEASE READ CAREFULLY.
- You acknowledge and understand that the service or access to the service, including 911 or special needs services may not function correctly, or at all, in the event of the following circumstances:
- If your equipment fails, is not configured correctly or does not meet the Mobilewave requirements as outlined in this and other documents
- In the event of a network outage or extended power failure
- In you tamper with or in some cases, move the equipment, or
- Following the suspension or termination of your services or account.
1. Description. VoIP Services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network (“VoIP Calls“). The nature of VoIP Calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and the VoIP Services, including the lack of traditional 911 services and privacy.
2. 911 Service. Because of the unique nature of VoIP Calls, emergency calls to 911 through the VoIP Service (each a “911 Call“) will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 911 Calls, and you hereby acknowledge and understand the differences between traditional 911 service and VoIP Calls to 911 as described below:
  1. Placing 911 Calls. When you make a 911 Call, the VoIP Service will attempt to automatically route your 911 Call through a third party service provider to the Public Safety Answering Point (“PSAP“) corresponding to the address on record with your Account. However, due to the limitations of the VoIP System, your 911 Call may be routed to a different location than that which would be used for traditional 911 dialling. For example, your call may be forwarded to a third-party, specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 911 Call, and you may be required to provide your name, address, and telephone number to the call centre.
  2. How Your Information is Provided. The VoIP Service will attempt to automatically provide the PSAP dispatcher or emergency service operator (each a “Dispatcher“) with the name, address and telephone number associated with your Account. However, for technical reasons, the Dispatcher may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 911 Call, you must immediately inform the Dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the Dispatcher may not be able to locate you.
  3. Correctness of Information. You are responsible for providing, maintaining and updating correct contact information (including name, residential address and telephone number) with your Account. If you do not correctly identify the actual location where your Service Access Device is located, or if your Account information has recently changed, 911 Calls may be misdirected to an incorrect Dispatcher.
  4. Disconnections. You must not disconnect the 911 Call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.
  5. Connection Time. For technical reasons, including network congestion, it is possible that a 911 Call will produce a busy signal or will take longer to connect when compared with traditional calls.
  6. 911 Calls May Not Function. For technical reasons, the functionality of 911 Calls may cease or be curtailed in various circumstances, including:
    - Failure of Service or Service Access Device – if your Service Access Device fails or is not configured correctly or if your VoIP Service is not functioning for any reason, including in the event of power outage, VoIP Service outage, suspension or disconnection of your Service due to billing issues, network or Internet congestion, or network or Internet outage, in the event of a power, network or Internet outage, you may need to reset or reconfigure the Service Access Device before being able to use the VoIP Service, including for 911 Calls;
    - Changing Location of Service Access Device – if you move your Service Access Device to a location other than that described in your Account information or otherwise on record with Mobilewave; and
    - Use outside of Canada or the United States – if you move your System Access Device to a location other than the United States or Canada, excluding Alaska, Hawaii, the Northwest Territories, Yukon and Nunavut.
  7. Alternate Services. If you are not comfortable with the limitations of 911 Calls, Mobilewave recommends that you terminate the services or consider an alternate means for accessing traditional 911 services.
  8. Inform Other Users. You are responsible for notifying, and you agree to notify, any user of your VoIP Services of the nature and limitations of 911 Calls on the VoIP Services as described herein.
  9. No Liability and Indemnity. You acknowledge and agree that Mobilewave will not be liable for any service outage or inability to place 911 calls using your VoIP Service or to access emergency service personnel due to the limitations of 911 service described herein. You further acknowledge and agree that the indemnity provision set out in this document applies to 911 Calls.
3. Privacy. You acknowledge that VoIP Calls and VoIP Services utilize, in whole or in part, the public Internet and third party networks to transmit voice and other communications, which transmissions may be intercepted by other parties.
4. 411 Service. 411 “information” service is available at Mobilewave’s current rates as set from time to time in Mobilewave’s sole discretion and without notice and available at the Mobilewave Web Site.
5. 900 and 976 Numbers. VoIP Calls to certain special service phone numbers, including 900- and 976- numbers, may be limited and Mobilewave reserves the right to limit your ability to call any such number at its discretion.
6. Long Distance Services. Long Distance service, are applicable to VoIP Services.
7. Telephone Number Portability. You may be able to transfer an existing telephone number to your VoIP Service or your VoIP Service telephone number to another service provider, provided that your Account is in good standing. However, Mobilewave will not be responsible for any termination fees imposed by any other service provider as a result of you transferring or instructing Mobilewave to transfer your existing number to the Services. Mobilewave cannot guarantee or warrant the timeliness or date of any transfer, nor can it guarantee that you will be able to transfer your number.
8. Directory Services. Mobilewave will make your name, address and telephone numbers available to publishers of paper and electronic telephone directories and to providers of operator services, in accordance with legal, contractual or regulatory requirements.
9. Limit on Usage Patterns. Even for unlimited calling plans, Mobilewave, in its sole discretion, reserves the right to terminate, curtail or suspend your VoIP Services if your calling patterns materially exceed Mobilewave’s average customer calling patterns under similar plans or if you breach any part of this Agreement.
10. Bandwidth Usage. VoIP calls require high-speed Internet bandwidth, which may affect throughput over any High Speed Services and will count towards your bandwidth usage for all High Speed Services.
11. Specific Prohibitions. You are prohibited from using any VoIP Services for: (i) automatic-dialling announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (ii) non-residential use or operating a business, including home-based businesses and call centres; (iii) long-distance calls made using call forwarding and three-way calling features; (iv) multi-party conference or party lines; or (iv) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialling, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting.
Long-Distance Call-Specific Provisions. Rates and Fees. Some of the Services include the ability for you to place long-distance telephone calls. By dialling or placing a long-distance telephone call, you agree to pay Mobilewave’s then-current rates and fees for such calls. Mobilewave will make its rates and fees for long-distance telephone calls available on its website at http://www.mobilewavecommunications.com. Mobilewave may, in its sole discretion, change such rates and fees upon at least 30 days prior notice posted at such website. You are solely responsible for the use of the Mobilewave Services by you and other users, including for all calls originating from your telephone(s), as well as for all charged calls accepted at your telephone(s), regardless of who made or accepted them. You shall: (a) take all necessary measures to ensure that the Mobilewave Services are used in accordance with this Agreement; and (b) be liable for all consequences resulting from any breach of this Agreement.
Unlimited Long-Distance Plan Limitations and Prohibitions. Even for unlimited long-distance plans, Mobilewave, in its sole discretion, reserves the right to terminate, curtail or suspend your long-distance telephone Services if your calling patterns materially exceed Mobilewave’s average customer calling patterns under similar plans or if you breach any part of this Agreement. Furthermore, you are prohibited from using unlimited long-distance Services or plans for: (a) automatic-dialling announcing devices and unsolicited voice and facsimile calls made for the purpose of solicitation; (b) non-residential use or operating a business, including home-based businesses and call centres; (c) long-distance calls made using call forwarding and three-way calling features; (d) multi-party conference or party lines; or (e) any application with continuous or excessive calling patterns, including debit card processing, for auto-dialling, remote call forwarding, telemarketing (including charitable and political solicitation and polling), fax broadcasting or fax blasting.
Telephone Listings and Directories. We will make your name, address and telephone numbers available to the publishers of paper and electronic telephone directories and to providers of operator services in accordance with legal and regulatory requirements. However subject to the 911 service provider exception described herein, you may opt to have your name, address and telephone number listing and information omitted from these directories or services by requesting, and paying for, an unlisted phone number. These directories or services, however, may receive or obtain telephone numbers and address from a source other than Mobilewave. Furthermore, your name, address and telephone number will be accessible by 911 service providers, even if you requested and paid for an unlisted phone number. We will not be liable to you or to a third party for any error, inclusion or omission with respect to any telephone listings or directories.
Support. The Mobilewave Customer Support Team will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the Mobilewave Web Site. Assistance is limited to your issues using the Services or your Account and may exclude problems related to certain equipment and software, as specified by Mobilewave, in its discretion. Mobilewave cannot guarantee the resolution of any particular problem or Services interruption, and your sole remedy in the event of your dissatisfaction or Mobilewave’s failure to resolve any particular problem is to terminate the Agreement in accordance herewith.
Service Installation, Maintenance and Removals. The following provisions apply to all installations, maintenance, inspections, repairs or removals of any Service or Equipment, whether by you or by or on behalf of Mobilewave:
1. Installation Services. The standard installation configuration for self-installation or Mobilewave installation only includes the installation of the Service access device, such as a high speed modem for High Speed Services or a combination modem/ATA for VoIP Services (the “Service Access Device“), and related components to one stand-alone computer or non-networked server. If you wish to connect additional computers to the Internet or to your home network, you are responsible for installing and maintaining the necessary systems and their configurations. You are required to show that your equipment is functioning properly prior to Mobilewave doing any work on your equipment (where applicable).
2. Hardware/Software Requirements. Many Services require you to have suitable hardware (such as a network interface card) or software (such as an operating system) installed in your computer before accessing the Services is possible, and Mobilewave will not install, remove from or rearrange any such software or hardware unless expressly provided for hereunder or at Mobilewave’s sole discretion. You acknowledge and agree that Mobilewave is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including any equipment or software used in connection with the Services.
3. Access. By electing for any installation services provided by or on behalf of Mobilewave, you authorize Mobilewave, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services.
4. Time of Access. Mobilewave will exert commercially reasonable efforts to arrange for access to your premises at a time that is mutually convenient for you and Mobilewave.
5. Availability. You acknowledge and agree that final confirmation of Service availability cannot occur until the necessary equipment is installed at your premises and tested in such environment. Installation options available for certain Services, including High Speed Services and VoIP Services will depend upon your location. Not all installation options or Services are available at all locations.
6. Standards. At all times, you must provide: (i) an adequate, standard household power outlet within 1.8 metres of the location that the Service Access Device is to be installed; (ii) a suitable location for the installation of the Service Access Device and associated components within 1.8 metres of the computer to be used for access to the Services and that provides reasonable ventilation and protection from damage to, or theft or loss of, the Service Access Device and associated components.
7. Additional Charges. Additional charges shall apply when it is necessary for Mobilewave to install special equipment or software or to incur an unusual expense to establish or install the Services. All site visits for moves, changes, rearrangements or re-installations of a Service will involve a minimum charge, unless otherwise specified by Mobilewave.
8. No Liability. In accordance with Mobilewave’s exclusion of liability clause included in this document, Mobilewave recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any Services, software, Service Access Devices or related components.
9. Connections. You must supply all the facilities and equipment, including all wiring inside your premises, and all telephone terminal equipment necessary to connect your facilities and the equipment up to the point where the local telephone companies’ facilities end and your facilities begin. It is your responsibility to reconnect your facilities and equipment as necessary after termination of the Mobilewave services.
Mobilewave Equipment. You agree to return any Mobilewave Equipment to Mobilewave within 30 days of termination (whether by cancellation, deactivation due to non-payment or any other reason) of your Account or those Services to which Mobilewave Equipment relates, unless otherwise directed by Mobilewave. If you do not return such Mobilewave Equipment in accordance with the foregoing, if such Mobilewave Equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such Mobilewave Equipment, you agree to pay a replacement charge, plus applicable taxes, without limiting or affecting any right available to Mobilewave in at law or in equity. If Mobilewave provides you with any Equipment, including Service Access Devices or related components, as part of the Services (collectively, “Mobilewave Equipment“), you acknowledge and agree that such Mobilewave Equipment is at all times owned by Mobilewave and that nothing in this Agreement grants you any right, title or interest in or to such Mobilewave Equipment except as expressly set out herein. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of such Mobilewave Equipment.
Except for equipment that you have fully paid for, all equipment installed or provided by Mobilewave remains our property and your agree that:
If such equipment is lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, loaned, encumbered or not returned within 30 days of termination of such service, you agree to pay Mobilewave the undisclosed retail value of such equipment, together with any costs incurred by us in seeking possession of such equipment and/or its replacement.
- You will take reasonable care with such equipment
- You may not sell, lease, mortgage, transfer, assign, loan or encumber such equipment
- You may not relocate such equipment without our written knowledge and permission and
- You will return such equipment to us at your own expense upon termination of the service to which the equipment was related.
Equipment Exclusivity. You agree that all Mobilewave Equipment is exclusively for use in connection with the Service. You agree not to tamper or modify the device in any manner including changing the electronic serial number or other identification code of such Mobilewave Equipment, altering the firmware of such Mobilewave Equipment or performing factory resets. You agree to use all MOBILEWAVE Equipment in the manner and for the purpose for which it was intended and solely as expressly permitted under this Agreement.
Access to Equipment. You authorize us or our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair or remove the equipment or to maintain, investigate, protect, modify, or improve the operation of our services or our facilities.
Returning Equipment. Mobilewave Equipment that has been rented must be returned upon termination, cancellation or deactivation of your Account or Services for any reason. You must notify us immediately if your equipment is lost, stolen, damaged or destroyed.
Equipment Requirements. You agree not to access the Service with any Equipment or device that has been modified, tampered, or altered to (a) change the electronic serial number or identification code, or (b) circumvent any access controls, limitations or security mechanisms in connection with the Service.
Equipment and related software may be required to meet certain minimum requirements and be maintained in a certain way and in certain locations in order to access the services or for the proper operation of the services (e.g. 911 services). Such requirement maybe changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your equipment and software as necessary to meet such requirements and you may not be entitled to customer support from us if you fail to do so.
Software Supplied by Mobilewave. You agree that any and all software and documentation that forms part of the Services or that is supplied by Mobilewave, its agents or representatives for use in connection with the Services (the “Software”) is protected by applicable intellectual property laws, remains the sole property of Mobilewave or its suppliers and is supplied subject to the terms of this Agreement, including the Disclaimers and Limitations of Liability herein, and the terms of any applicable software license made available to you by Mobilewave. Unless otherwise expressly authorized by Mobilewave or in the applicable Software license, you agree not to:
1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software;
2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software;
3. remove any proprietary notices or labels on or in the Software; or
4. allow any other person or entity to engage in any of the foregoing activities.
Acceptable Use and Prohibitions. You agree to fully abide by each of the following terms and conditions regarding the acceptable and prohibited use of the Services:
1. Background. Mobilewave Communication is committed to being the best possible network citizen. To assist us in protecting the usefulness and enjoyment of the Internet and the Services for our members and for other users, we require full compliance with these acceptable use provisions.
2. Lawful Use. The Services may be used only for lawful purposes.
3. Prohibited Conduct. Without limiting the generality of the foregoing, you further agree that you will not: From time to time we may establish policies, rules and limits (together, the “Policies”) concerning use of services, equipment and any products, content, applications or services used in conjunction with the services or equipment. Your use of the service is subject to these policies. We reserve the right to restrict, change, suspend or terminate your service by any means if your access, use or connection to the service, equipment or our facilities is impairing or adversely affecting our operation or the use of our services or facilities by others.
  1. post, upload, reproduce, distribute or otherwise transmit (A) unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam” (whether or not using e-mail services, such as Instant Messaging spam) or any other duplicative or unsolicited messages, surveys, contests or pyramid schemes, (B) any information, material or software that contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component, (C) inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, (D) information or materials where such activity gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of Mobilewave or any third party; such violations include engaging in copyright infringement, invasion of privacy, trademark infringement and defamation, or (E) information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
  2. engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
  3. scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass;
  4. forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services;
  5. impersonate or falsely represent your association with any person, including a Mobilewave representative;
  6. export equipment (including the Mobilewave Equipment, any Service Access Device and related components), software or data outside of Canada or the United States in contravention of applicable export control legislation;
  7. violate established or accepted network etiquette, applicable charters, FAQs, policies, rules or guidelines of Mobilewave or other parties;
  8. disrupt or threaten the integrity, operation or security of any Service, any computer or any Internet system;
  9. engage in conduct that elicits or is likely to elicit complaints from other Internet users, restricts or inhibits any other person from enjoying the Service or the Internet, or, in the sole judgment of Mobilewave, is otherwise objectionable;
  10. violate this Agreement as it may be updated from time to time;
  11. use or register Mobilewave Communication trade-marks, trade names or logos, including any such trade-marks, logos or service marks displayed on any web site(s) operated by Mobilewave, without Mobilewave’s express prior written permission;
  12. share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, any Service, except where expressly authorized by Mobilewave;
  13. extract, gather, collect, or store personal information about others without their express consent; or
  14. allow any other person or entity to engage in any of the foregoing activities while using your Account.
  15. you may not share or transfer your service without our express consent
4. No Servers. You are not permitted to operate an e-mail, web, news or other similar server for any purpose through any Service, except as may be specified by Mobilewave from time to time in its sole discretion.
5. Notification regarding Prohibited Use. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out above, which involves your Account, you agree to immediately notify Mobilewave and provide Mobilewave with assistance, as requested, to stop or remedy such violation.
6. Mobilewave’s Remedies. Without limiting any of Mobilewave’s rights to suspend, restrict or terminate your Services or Account as described elsewhere in this Agreement, Mobilewave may suspend, restrict or terminate your Services or Account without notice if, in Mobilewave’s sole and absolute discretion, Mobilewave determines or believes that you have violated any of the acceptable use rules set out above.
Proprietary Rights. You acknowledge and agree that:
1. Third-Party Content – content, including text, software, music, sound, photographs, video, graphics or other material accessed or available through the Services or the Internet may be owned by parties other than you (including Mobilewave and third parties) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws;
2. Mobilewave Content – except where expressly stated otherwise, all programs, Services, processes, designs, technologies, materials and all other things comprising the Services are owned by Mobilewave, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws;
3. Your Content – Mobilewave does not claim ownership of information, materials, software or other content (collectively, the “Customer Content”) that you post, upload, input, provide, submit or otherwise transmit to Mobilewave, or any third party using the Services; however, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Content to Mobilewave or any third party using the Services, you have thereby granted Mobilewave a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such Customer Content to the extent reasonably required by Mobilewave to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement;
4. IP Addresses; E-Mail Addresses; Telephone Numbers, etc. – except where otherwise specified by Mobilewave, telephone numbers for VoIP Services and numbers and addresses for other Services (such as both static and dynamic IP addresses and e-mail addresses) assigned to you by Mobilewave during the term of this Agreement remain the property of Mobilewave at all times and Mobilewave reserves the right to change such telephone numbers, numbers and addresses assigned to you at any time;
5. Advertising – Mobilewave shall have the right, without notice, to insert advertising data into the Internet browser used by a Mobilewave customer, and transferred to a Mobilewave customer over Mobilewave’s network, so long as this does not involve Mobilewave transmitting any personal information of the customer to whom such data is sent in contravention of the Mobilewave Privacy Commitment;
6. Public Transmission – the technical processing and transmission of the Services, including the Customer Content and other content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices; and
7. Caching – You further acknowledge that any Customer Content, materials or information that you may access through the Services may be subject to “caching” or other policies and procedures at intermediate locations on the Internet.
Compliance Measures and Complaints. You acknowledge and agree that Mobilewave has no obligation to censor or monitor use of the Services by you, any customer or any third party, including any obligation to censor or monitor any Customer Content, material or other information sent, received or accessible by you through the Services or the Internet. However, you agree that Mobilewave has the right to, without notice, monitor use of the Services and monitor, review and retain such Customer Content, material or information if Mobilewave reasonably believes that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect you, itself or others. If Mobilewave receives a complaint relating to use of the Services by you or through your Account, you acknowledge and agree that Mobilewave may, in its sole and absolute discretion and without notice or liability: investigate the complaint; restrict, suspend or terminate any Accounts or Services involved; or remove any Custom

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