Acceptable Usage Policy (including billing policies)

With regards to network/service usage and matters pertaining to billing and account payment, all subscribers shall agree to and be bound by the following:

1. The Subscriber shall not use any services provided by X5 Connection Associates Inc for any unlawful purpose whatsoever. This includes but is not limited to the transmission of copyrighted material(without license or permission), secret proprietary information(without license or permission), obscene, threatening, harassing or slanderous material.
2. Any uses that unduly interfere with the work of others or with the work of X5 Connection Associates networks is strictly prohibited. This includes, but is not limited to: unauthorized use of X5 servers and/or workstations, violating the privacy of other users, breaching secure servers & networks, etc...
3. Uses related to commercial activities including, but not limited to, distribution of advertising material, offering network information or services for sale or personal gain, and private enterprises are considered "commercial" activities. Certain "Commercial" uses are permissible for Business Connectivity users only, unless expressly approved in writing by X5 Connection Associates Inc.
4. Unlimited connection plans are for non-static connections only. Unlimited plan users may logon as many times as they wish (not concurrently), provided that they are actively utilizing the connection. Total usage greater than 600 hours per PRI "B" channel per month (on a repetitive monthly basis) is deemed to exceed dynamic usage and is considered as a static connection. Analog modem users that would like to retain a static connection may do so by purchasing an ISDN Static plan.
5. X5 reserves the right to require special payment terms for subscribers who are repeatedly delinquent with payments. Fees and Service charges will be applied as follows:
   • In the case which a subscriber's payment is not received by the end of their contract term, their account will automatically be disabled and a $50 disconnection fee will be applied at our discretion.
   • In the case of a payment not clearing or being dishonoured due to any circumstances, the subscriber will be charged a $30 administration fee per occurence.
   • A reconnection charge of $10 will apply to re-activate any account disconnected for any of the reasons stated above.
   • Late payment charges of 2% per month or 24% per annum with a minimum of $5 apply to all accounts that are past due. A billing charge of $10 will apply to any special statements requested by the subscriber.
   • An administration fee will apply to users who wish to cancel their contracts prior to the end of their contract term. Cancelling contracts will then be billed at the regular monthly rate. Cancelling contracts is done at the sole discretion of X5 and will ONLY be done in extreme extenuating circumstances.
6. Users are prohibited from:
   • Sending unsolicited "junk" or "bulk" e-mail
   • Abusing, "stalking", or harassing other users
   • Distributing copyrighted or secret proprietary material without license or permission to do so
   • Distributing obscene, threatening or slanderous material
   • Distributing viruses or chain letters
   • Distributing hate literature or similar material
7. All subscribers are bound by the above conditions and the Service Agreement

Service Agreement (appears on your access application)

In lieu of the terms described in this document, X5 Connection Associates (herein referred to as X5) and the Subscriber agree as follows:

1. The Subscriber (as outlined above) agrees to subscribe to the indicated Connectivity Plan for the term outlined above. All subscriptions will automatically renew for the term of the subscription (as defined above) unless the subscriber provides thirty (30) days written notice of subscription termination to X5. Granting of subscriptions is done purely at the discretion of X5 Connection Associates Inc.
2. The subscriber and corporate applicant, if any, jointly agree to the obligation to pay an initial activation fee, subscription renewal access fee, CPE lease or rental fees, any applicable access usage fees incurred as a result of usage by the account(s) as described in the Network Login Information above. The subscriber hereby also agrees to the fee structure outlined by X5 as referred to above. A service charge applies to move X5DSL service to another number/location or discontinue X5DSL services. Access fees may be adjusted without notice to the subscriber, at the end of the term of subscription.
3. The subscriber also agrees that network usage and services (as outlined above) are subject to the terms, conditions and connection restrictions as outlined by the X5 Connection Associates Inc. Acceptable Usage Policy (AUP hard copies obtainable upon request).
4. The Subscriber acknowledges that X5 is a common carrier for subscribers to its various network services and shall not be liable for any material on or obtained from the Internet, nor the quality of service provided by remote systems. Any Liability shall be limited to the portion of network access used proportional to the service charges for that month.
5. The subscriber expressly grants X5 permission to make modifications to the subscriber's Primary Exchange Service for the purpose of provisioning local loop access to the subscriber's premises.
6. Should the subscriber choose to rent or lease Customer Premise Equipment from X5 as indicated above, the subscriber is responsible for protecting said equipment from all perils such as power surges, theft or other damages. The Customer Premise equipment shall remain the property of X5 until such time as the equipment is purchased from X5. Should the subscriber not return said equipment within 7 calendar days of service termination, the subscriber shall pay the full Manufacturers Suggested Retail Price of the equipment to X5 as liquidated damages and not as a penalty.
7. X5 makes no guarantee to the level of service provided and is not accountable for any losses or damage for any reason including but not limited to lost electronic correspondence or unavailability of services.
8. The Subscriber shall not use any services provided by X5 for any unlawful purpose whatsoever. This includes but is not limited to the transmission of copyrighted material, secret proprietary information, obscene, threatening or slanderous material. Failure to comply with this condition will result in the immediate termination of the subscription or legal action should the situation warrant.
9. The Subscriber must be at least 18 years of age or older and is required to provide X5 with accurate and up to date billing information such as but not limited to legal name, address, phone number, credit card information, etc. in writing within 30 days of any change of said information.
10. The Subscriber has no claim on a specific username/domain name or the availability thereof prior to subscription or after termination of a subscription.
11. X5 reserves the right to terminate a subscription for any reason at any time including, but not limited to, the abuse of other network users or subscribers, local or remote system resources without refund of any credit balances.
12. The Subscriber acknowledges that the delivery of this signed application constitutes an offer for usage of services provided by X5 and that upon acceptance shall form a binding agreement.
13. The subscriber acknowledges having read and agreed to all the above stated conditions, is hereby bound by this agreement. The subscriber accepts full responsibility for the use of services and for the use of said services by any other person, whether or not authorized by the Subscriber. This agreement shall be governed in all respects by the laws of the Province of Ontario.

Domain Name Registration and Transfer Policy

With regards to any domain hosted or registered by X5 Connection Associates Inc., all subscribers hosting or holding a domain shall agree to and abide by the following:

1. Any subscriber hosting a domain name with X5 Connection Associates Inc. is responsible for any and all domain name registration fees, excluding those that are included in the initial activation of the Domain Hosting Plan.
2. By registering a domain name on behalf of a subscriber, X5 Connection Associates does not determine the legality of the domain name registration, or otherwise evaluate whether that registration or use may infringe upon the rights of a third party.
3. X5 Connection Associates cannot guarantee the registration nor the availability of a specific domain name.
4. In the event of any unpaid bills or invoices, X5 Connection Associates will not make any changes to, nor release, transfer, etc. any domain name until the end of a subscription and all outstanding balances are paid. However, in the event that there are outstanding balances, X5 Connection Associates Inc. reserves the right to remove any and all webpages, aliases and e-mail addresses from the said domain.
5. In any event regarding any changes, transfer, deletion, etc. of a domain name, X5 and the subscriber will abide by the following:
• X5 will inform the subscriber of any request to change, modify, delete, transfer, etc. a domain name before any response to the request is made.
• In the event of a domain name dispute, X5 will follow the policies as set out by the domain name registrar (e.g., Network Solutions)
• X5 will neither accept nor deny any request from any domain registrar without authorization from the subscriber pursuant to the above.
6. This Policy does not limit the administrative or legal procedures that X5 Connection Associates may use when conflicts or disputes may arise. The cost of such administrative or legal procedures will be the responsibility of the party bringing the dispute or the subscriber.
7. Should any litigation arise from any dispute, the domain shall be in the control of the courts of Ontario.

Failure to comply with any of the above conditions or guidelines may result in the termination of subscription/services (without refund), additional service charges and/or legal action should the situation warrant.