This is a contract between you and Gentech Wireless. It spells out the terms and conditions which apply to your use of the Internet access and related services provided by GENTECH (the "GENTECH Internet Services") for the service plan that you have selected.

In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by GENTECH, its affiliates or partners (the "GENTECH Sites") may be subject to additional terms, policies and rules contained within the GENTECH Sites or otherwise made available to you.

By opening a GENTECH Internet Services account under your name or by using the GENTECH Internet 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 FOR, ACCESS OR USE THE GENTECH INTERNET SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR GENTECH INTERNET SERVICES ACCOUNT, IF YOU HAVE ONE (see Section 58).

Amendments to this Agreement

1. GENTECH reserves the right to amend this Agreement at its sole discretion, at any time. GENTECH will notify you of any amendments to this Agreement by posting notice of the amendment on its member services web site at http://www.gentechwireless.com, as may be updated from time to time, (the "GENTECH Internet page") or by sending you notice of the amendment via e-mail to your primary GENTECH e-mail address. You agree to go to the GENTECH Internet Services Web Site regularly in order to be aware of any amendments posted on such site and your continued use of the GENTECH Internet 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 GENTECH Internet Services account (see Section 58).

Your Account

2. 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 GENTECH Internet Services in accordance with this Agreement.
3. As the GENTECH Internet Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify GENTECH, by means specified on the GENTECH Internet Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to GENTECH, as requested, to stop and/or remedy any breach of security.

Customer Information

4. You acknowledge that you have read the GENTECH Privacy Commitment at http://www.gentechwireless.com, as it may be updated from time to time (the "GENTECH Privacy Commitment"). You hereby consent to the collection, use and disclosure by GENTECH and its agents of your personal information collected in connection with provision and/or use of the GENTECH Internet Services (whether previously collected or to be collected), solely for the purposes identified in the GENTECH Privacy Commitment.
5. You agree to provide true, current, accurate and complete customer information as prompted by GENTECH' registration processes or as otherwise requested by GENTECH or its agents and you agree to promptly notify GENTECH, by means specified on the GENTECH Internet Services Web Site, of any changes to this information as required to keep it current, complete and accurate.

Billing and Payment

6. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the GENTECH Internet Services through your account, in accordance with the rates and billing policies established from time to time by GENTECH that are applicable to the service plan which you have selected. Such rates and policies will be posted on the GENTECH Internet Services Web Site or otherwise made available to you by GENTECH. GENTECH shall begin charging you on the date that you subscribe for the GENTECH Internet Services, unless otherwise specified by GENTECH.
7. Rebates or service credits applicable to fixed term agreements, if available, are described on the GENTECH Internet Services Web Site.
8. Available billing and payment options may vary depending on your location (i.e. the location of the telephone number associated with your GENTECH Internet Services account) (your "Customer Access Location") or service plan, and GENTECH 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 GENTECH phone bill, such charges are due on the due date shown on such bill. If payment is not received by GENTECH 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 1.00% per month (12.68% compounded annually). If a pre-authorized bank (or other financial institution) account debit (a "Bank Account Debit"), where applicable, is returned unprocessed to GENTECH, GENTECH reserves the right to apply a returned payment fee of $20.00, plus applicable taxes, to your account.
9. Your right to use the GENTECH Internet 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 GENTECH 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 GENTECH 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 GENTECH.
10. Any failure of GENTECH 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 GENTECH 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 GENTECH from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to GENTECH within 90 days of the publication date of the applicable bill or statement.
11. You agree to pay all costs incurred by GENTECH in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement including, without limitation, lawyers' fees.

Service Limitations

12. The GENTECH Internet Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
13. Final confirmation of service availability for GENTECH Internet Services high speed services cannot occur until the GENTECH Internet Services high speed equipment is installed at your premises. If such equipment is installed by a GENTECH installer, you hereby authorize the installer to disclose to GENTECH the necessary information to confirm service availability for your premises.
14. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by GENTECH as being necessary for access to the GENTECH Internet Services. GENTECH shall post such minimum system requirements on the GENTECH Internet Services Web Site or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at GENTECH' sole discretion.
15. You are not permitted to operate an e-mail, web, news or other similar server through a GENTECH Internet Services account, except where such use is expressly permitted under your service plan.
16. Reverse engineering of the GENTECH Internet Services high speed service is not permitted. This means that you cannot have a higher upload than download speed.
17. GENTECH does not guarantee that the GENTECH Internet Services will operate with all equipment or software including, without limitation, all Internet applications and appliances.
18. You acknowledge that signal range and penetration of GENTECH Internet Services' wireless capabilities will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and your computer(s). The high speed wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.
19. You acknowledge and agree that when using GENTECH Internet Services' wireless capabilities to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or GENTECH Internet Services account. You should take all appropriate security precautions when using such wireless capabilities including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. GENTECH shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of GENTECH Internet Services' wireless capabilities including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.

General Practices and Limits

20. You acknowledge that GENTECH may establish general practices and limits concerning use of the GENTECH Internet Services including, without limitation, the maximum size of any e-mail message that may be sent from or received by a GENTECH Internet Services account, the maximum disk space that will be allotted on GENTECH' servers on your behalf, the maximum amount of data that may be sent from or received by a GENTECH Internet Services account and the maximum number of days that e-mail messages will be stored on GENTECH' servers. Such general practices and limits shall be posted on the GENTECH Internet 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 GENTECH Internet Services and may be set at different levels for different users based upon factors that may be determined in GENTECH' sole discretion. GENTECH 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, removal of content, information or materials from GENTECH' servers, or the imposition of additional charges (additional charges are described on the GENTECH Internet Services Web Site).

High Speed Service Installation

21. Installation options available for GENTECH Internet Services high speed service (e.g. customer self-installation, GENTECH installation without a network interface card ("NIC"), GENTECH installation with a NIC) will depend upon your Customer Access Location and your service plan. Not all installation options are available at all Customer Access Locations or with all service plans. Details regarding available installation services, including applicable fees, are posted on the GENTECH Internet Services Web Site.
22. You authorize GENTECH, 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 GENTECH Internet Services. Access to your premises will be at a time that is mutually convenient for you and GENTECH.
23. You agree to comply with the terms of the quick install guide included on the GENTECH install wizard CD.
24. In no event will GENTECH 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 appointment for the GENTECH Internet Services is missed, either by GENTECH or by any third party installer.

GENTECH Equipment

25. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of any GENTECH-owned high speed equipment (e.g. wireless gateway, high speed modem, POTS splitter) that has been provided for your use as part of the GENTECH Internet Services.

Customer Equipment and Software

26. The GENTECH Internet Services high speed service must be connected to a suitable NIC installed at your premises. If you are supplying and installing the NIC yourself, you must install the NIC as appropriate prior to the installation of the high speed modem or wireless gateway, as applicable. Alternatively, if you purchase the NIC along with installation of the NIC from GENTECH when ordering the GENTECH Internet Services, you must ensure that there is a suitable free NIC slot available in your computer prior to arrival of the GENTECH installer at your premises. GENTECH will not remove NICs from or rearrange NICs in your computer.
27. You are required to show that your computer is functioning properly prior to GENTECH doing any work on your computer, where applicable.
28. You agree that GENTECH is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the GENTECH Internet Services or from other services provided at your premises. GENTECH 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 GENTECH Internet Services high speed equipment or software.
29. The GENTECH Internet Services high speed service may interrupt the functioning of some home or business security systems which use the same phone line(s) as the GENTECH Internet Services. You agree that GENTECH 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 home or business security systems, prior to installation of the GENTECH Internet Services.
30. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, GENTECH 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 GENTECH Internet Services.

Software Supplied by GENTECH

31. You agree that any and all software and documentation that forms part of the GENTECH Internet Services or that is supplied by GENTECH, its agents or representatives for use in connection with the GENTECH Internet Services (the "Software") is protected by applicable intellectual property laws, remains the sole property of GENTECH or its suppliers and is supplied subject to the terms of this Agreement including, without limitation, the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by GENTECH. Unless otherwise authorized by GENTECH 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.

Support

32. The GENTECH Internet Services Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the GENTECH Internet Services Web Site. Assistance is limited to your problems using the GENTECH Internet Services and may exclude problems related to certain equipment and software, as specified by GENTECH, in its discretion. You acknowledge that charges may apply to certain support services, as specified by GENTECH. GENTECH cannot guarantee the resolution of any particular problem or GENTECH Internet Services interruption.
33. You acknowledge and agree that from time to time GENTECH may e-mail updates and notices regarding the GENTECH Internet Services to you.
34. During the term of this Agreement, GENTECH will provide on-site support (including, at GENTECH' option, repair or replacement of equipment that is defective in material or workmanship) for all GENTECH-owned equipment.

Roaming

35. You acknowledge that it is possible that the access numbers used by your dial modem to connect to the GENTECH Internet Services may be telephone numbers that result in additional and/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 and/or long distance charges and you agree to pay all such charges including, without limitation, those that may be billed to you by a third party. GENTECH will not reimburse you for any charges incurred by you as a result of selecting access numbers that are subject to additional and/or long distance charges. Information concerning additional and long distance charges is available on the GENTECH Internet Services Web Site.

Content Warning

36. You acknowledge that the GENTECH Internet Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the GENTECH Internet Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. GENTECH recommends that minors using the GENTECH Internet Services be supervised by an adult.

Acceptable Use of the GENTECH Internet Services

37. The GENTECH Internet Services may be used only for lawful purposes. You agree that you will not:
    1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam";
    2. maintain a relay service open to the general public;
    3. scan or probe another computer system;
    4. obstruct or bypass computer identification procedures;
    5. engage in unauthorized computer or network trespass;
    6. engage in denial of service attacks;
    7. post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component;
    8. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
    9. post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of GENTECH or any third party; such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation;
    10. post, upload, reproduce, distribute, or otherwise transmit 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, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats;
    11. engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQ's, policies, rules or guidelines of GENTECH or other parties, disrupts or threatens the integrity, operation or security of the GENTECH Internet Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgement of GENTECH, is otherwise objectionable;
    12. otherwise violate GENTECH' Acceptable Use Policy at http://www.myGENTECH.com/internet/nv/aup.do, as it may be updated from time to time;
    13. use or register GENTECH' trade-marks, trade names, trade dress, or logos, including without limitation any such trade-marks, trade names, trade dress, or logos displayed on any web site(s) operated by GENTECH, without GENTECH' express prior written permission;
    14. share (except as necessary for use of your GENTECH Internet Services in a home network), resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the GENTECH Internet Services or exploit the same for any commercial purposes, except where expressly authorized by GENTECH; or
    15. allow any other person or entity to engage in any of the foregoing activities while using your GENTECH Internet Services account.
38. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 37 above, which involves your account, you agree to immediately notify GENTECH and provide GENTECH with assistance, as requested, to stop and/or remedy such violation.
39. Without limiting any of GENTECH' rights to suspend, restrict or terminate your GENTECH Internet Services account as described elsewhere in this Agreement, GENTECH may suspend, restrict or terminate your GENTECH Internet Services account without notice if, in GENTECH' sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 37 above. You acknowledge and agree that GENTECH shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

Proprietary Rights

40. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the GENTECH Internet Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the GENTECH Internet Services are owned by GENTECH, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
41. GENTECH does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to GENTECH or any third party, using the GENTECH Internet Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to GENTECH or any third party, using the GENTECH Internet Services, you have thereby granted GENTECH a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by GENTECH to provide the GENTECH Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
42. You acknowledge that, except where otherwise specified by GENTECH, e-mail addresses, IP addresses and personal web page addresses assigned to you by GENTECH during the term of this Agreement remain the property of GENTECH at all times.
43. You understand that the technical processing and transmission of the GENTECH Internet Services, including your 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. You further acknowledge that any content, materials or information that you may access through the GENTECH Internet Services may be subject to "caching" at intermediate locations on the Internet.

Compliance Measures

44. You acknowledge that GENTECH has no obligation to censor or monitor use of the GENTECH Internet Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the GENTECH Internet Services or the Internet. However, you agree that GENTECH has the right to, without notice, monitor use of the GENTECH Internet Services and monitor, review and retain such content, material or information if GENTECH believes in good faith that such activity is reasonably necessary to provide the GENTECH Internet 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 itself or others.
45. In the event that GENTECH receives a complaint relating to use of the GENTECH Internet Services by a customer, GENTECH may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
46. You agree that GENTECH may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a GENTECH Internet Services account, if GENTECH believes in good faith that such activity is reasonably necessary to provide the GENTECH Internet 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 itself or others.

Service Changes

47. You agree that, to maintain or improve the GENTECH Internet Services or for other business reasons, GENTECH may change the GENTECH Internet Services rates, service plan features, e-mail addresses, minimum equipment and software requirements and any other aspect of the GENTECH Internet Services at any time, without notice or liability, at GENTECH' sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your GENTECH Internet Services account (see Section 58).
48. Notwithstanding the foregoing, GENTECH will use reasonable efforts to notify you via e-mail to your primary GENTECH e-mail address, of any material increases in the recurring, regular GENTECH Internet Services rates for your account.

Disclaimers

49. YOU ACKNOWLEDGE AND AGREE THAT:
    1. ALL USE OF THE GENTECH INTERNET SERVICES IS AT YOUR OWN RISK;
    2. THE GENTECH INTERNET SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
    3. GENTECH DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE GENTECH INTERNET SERVICES;
    4. NEITHER GENTECH NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA INCLUDING, WITHOUT LIMITATION, ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE GENTECH INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATIONS, RENEWALS AND TRANSFERS;
    5. GENTECH IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
    6. NEITHER GENTECH NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF GENTECH OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE GENTECH INTERNET SERVICES, BY YOU OR ANY THIRD PARTY; AND
    7. GENTECH IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF INSTALLATION OR MAINTENANCE OF THE GENTECH INTERNET SERVICES.
50. GENTECH MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE GENTECH INTERNET SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. GENTECH EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
51. THE GENTECH WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE GENTECH INTERNET SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY GENTECH OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. GENTECH IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.

Limitation of Liability

52. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT BY GENTECH, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE PAYMENT FROM GENTECH FOR YOUR ACTUAL AND DIRECT DAMAGES RESULTNG FROM SUCH BREACH, TO A MAXIMUM AMOUNT EQUAL TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID HEREUNDER BY YOU TO GENTECH DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE RELEVANT BREACH.
53. EXCEPT AS SET OUT IN SECTION 52 ABOVE, IN NO EVENT SHALL GENTECH, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "GENTECH ENTITIES" AND EACH, A "GENTECH ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE GENTECH INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE GENTECH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
    1. THE PERFORMANCE OF THE INTERNET;
    2. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE GENTECH INTERNET SERVICES INCLUDING, WITHOUT LIMITATION, MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
    3. THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE GENTECH INTERNET SERVICES;
    4. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH GENTECH' SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
    5. INSTALLATION OR MAINTENANCE OF THE GENTECH INTERNET SERVICES, BY YOU, GENTECH OR THIRD PARTIES.
54. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE DISCLAIMERS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

Indemnity

55. You agree to indemnify and hold harmless each of the GENTECH Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable GENTECH Entity, which result from or relate to:
    1. access to or use, by you or any third party, of your GENTECH Internet Services account; or
    2. any of your acts or omissions including, without limitation, breach or non-performance of this Agreement and any violation of third party rights.

Term and Termination

56. GENTECH Internet Services dial-up services are available on a month to month basis. GENTECH Internet Services high speed services are available on a month to month basis or under a 1 year, 2 year or 3 year fixed term Agreement. Upon the expiry of a fixed term Agreement, this Agreement will automatically be renewed on a month to month basis, unless you notify GENTECH at least 30 days prior to the expiry of the fixed term, by the means specified on the GENTECH Internet Services Web Site, of your intention to terminate your Agreement or enter into a new fixed term Agreement.
57. GENTECH may, in its sole discretion, suspend, restrict or terminate your GENTECH Internet Services account, effective at any time, without notice to you, for any reason including, without limitation, because:
    1. the operation or efficiency of the GENTECH Internet Services are impaired by the use of the GENTECH Internet Services from your account;
    2. any amount is past due from you to GENTECH;
    3. GENTECH has received a third party complaint which relates to the use or misuse of the GENTECH Internet Services from your account; or
    4. you have been or are in breach of any term or condition of this Agreement.
58. You may terminate your GENTECH Internet Services account at any time by notifying GENTECH via the means set out on the GENTECH Internet Services Web Site. HOWEVER, IF YOU ARE UNDER A FIXED TERM AGREEMENT AND YOU TERMINATE YOUR GENTECH INTERNET SERVICES ACCOUNT PRIOR TO THE END OF THE TERM, OR IF GENTECH TERMINATES YOUR ACCOUNT FOR ANY OF THE REASONS LISTED IN SUBSECTIONS 57 (a)-(d) ABOVE, YOU WILL BE REQUIRED TO IMMEDIATELY PAY GENTECH A TERMINATION CHARGE, IN THE AMOUNT SPECIFIED ON THE GENTECH INTERNET SERVICES WEB SITE OR OTHERWISE COMMUNICATED TO YOU. YOU ACKNOWLEDGE THAT THIS TERMINATION CHARGE IS A PRE-ESTIMATE OF DAMAGES SUFFERED BY GENTECH AS A RESULT OF SUCH EARLY TERMINATION AND IS NOT A PENALTY. GENTECH will process your termination request effective the date your request is received.
59. Unless GENTECH has terminated your GENTECH Internet Services account for any of the reasons listed in Subsections 57 (a)-(d) above, GENTECH will refund you a pro-rata portion of your pre-paid monthly fee for the month of termination, based on the effective date of such termination.
60. Termination of your GENTECH Internet Services account by you or GENTECH automatically terminates this Agreement.
61. In the event that your GENTECH Internet Services account is suspended, restricted or terminated, additional reconnection charges may apply.
62. GENTECH shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, GENTECH shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all e-mail and web page addresses related to your account may be immediately deleted and/or reassigned to other customers. GENTECH' policies regarding handling of customer e-mails upon suspension and termination of customer accounts can be found on the GENTECH Internet Services Web Site.
63. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
64. You agree to return any GENTECH-owned high speed modems, wireless gateways and associated components to a GENTECH approved depot within 14 days of termination of a GENTECH Internet Services high speed service account, unless otherwise directed by GENTECH. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a $99.95 charge, plus applicable taxes. The location of GENTECH approved depots can be obtained by contacting GENTECH by phone at the phone number specified on the GENTECH Internet Services Web Site.

CRTC Compliance

65. GENTECH and you acknowledge and agree that: (a) the charges for, and availability of, the GENTECH Internet Services are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a GENTECH affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs applicable to the GENTECH Internet Services include the following: None (the GENTECH Internet Services are either non-regulated or forborne).
66. In relation to all telecommunications services provided by GENTECH hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by GENTECH regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by GENTECH to anyone other than you; a person who, in the reasonable judgment of GENTECH is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by GENTECH to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of GENTECH it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by GENTECH, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
67. For the purposes of the foregoing Section, you hereby expressly consent to the collection, use and disclosure by GENTECH and its agents of your information, content and materials (including, without limitation, your personal information) solely to the extent such collection, use and disclosure is authorized under Sections 4 and 46 of this Agreement.

General

68. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between GENTECH and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between GENTECH and you with respect to such matters.
69. The failure of GENTECH to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and GENTECH nor trade practice shall act to modify any provision of this Agreement.
70. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and GENTECH, and the remainder of this Agreement shall remain in full force and effect.
71. This Agreement shall be governed by and construed in accordance with the federal laws of Canada and the laws of the province of your Customer Access Location. You hereby irrevocably consent to the exclusive jurisdiction of the courts of such province in connection with any matter arising under this Agreement and you agree that the venue for resolution of all such matters shall be in such province. Use of the GENTECH Internet Services in any jurisdiction that does not give effect to all provisions of this Agreement including, without limitation, this Section, is prohibited.
72. All references to GENTECH web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
73. GENTECH may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
74. This Agreement will enure to the benefit of and bind you and GENTECH and our respective personal and legal representatives, successors and permitted assigns.
75. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
76. The rights, powers and remedies of GENTECH in this Agreement including, without limitation, the right to suspend, restrict or terminate any GENTECH Internet Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to GENTECH at law or in equity.
77. The following provisions shall survive termination of this Agreement: Sections 6-11, 24-25, 30-31, 33, 42, 44-46, 49-55, 56, 58-64, 68-79, and any other provisions that by their meaning are intended to survive termination of this Agreement.
78. You agree that no joint venture, partnership, employment or agency relationship exists between GENTECH and you as a result of this Agreement or use of the GENTECH Internet Services.
79. The section headings in this Agreement are for convenience only and have no legal or contractual effect.