Terms and Conditions

LINQ Communications ("LINQ") provides the InfoRoute Web Site including the InfoRoute Home Page and other InfoRoute content (collectively, "InfoRoute") subject to your compliance with the terms and conditions below. Please read this before accessing InfoRoute. By Accessing InfoRoute, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use InfoRoute.

By accessing InfoRoute you agree to be bound by the terms and conditions listed below:

Rules

While visiting InfoRoute, you may not:

• Post, transmit or otherwise distribute information constituting or encouraging conduct that would be constituted as a criminal offense or give rise to civil liability, or otherwise use InfoRoute in a manner which is contrary to law or would serve to restrict or inhibit others from using or enjoying InfoRoute or the Internet
• Post, transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component
• Post, upload, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through InfoRoute which is protected by intellectual property rights (including copyright and/or trademark,) or derivative works with respect hereto, without obtaining permission of the right holder.

• Upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

• Send unsolicited advertising or promotional materials to other network users (See section titled "Messaging");
• Allow users to run Maillist, Listserv or any form of auto-responds from User's account; Run or activate processes while User is not logged in;
• run or operate like services via connections into or received from InfoRoute;
• Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;
• Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "Limitation of Dial-Up Services"); or
• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

Messaging

User agrees to limit their use of InfoRoute, specifically regarding the use of InfoRoute’s electronic (email) services, to the following restrictions:

• Mass Mailing

  • Ten (10) recipients or addresses per email message, one (1) copy of message.

• Relay Servers

  • Unauthorized use of any server on the Internet for purposes of relaying is strictly prohibited.

• Fraudulent Addressing

  • All fraudulent addressing is prohibited. User may not purposefully misrepresent the origination information on any email messages while using the service.

• Fraudulent Content

  • User agrees to be held responsible for the distribution of fraudulent materials.

Violation of any of these terms will result in immediate termination of services. Furthermore, violation of any of these terms, relating to the terms described within this "Messaging" section of this document, will result in the immediate penalty of C$500. The penalty will be payable immediately.

Limitation of Dial-Up Services

The term "Unlimited Access" means unlimited intermittent interactive access. The following limitations are in place to limit the unnecessary use by any user in such a way as limit availability of the service for other such users. These limitations apply to dial-up access services.

• Intermittent
  • Connecting and disconnecting at periodic irregular intervals.
• Idle Timeout
  • Ten (10) minutes of inactivity (Inactivity is defined as less than 500 bytes of data transferred between User’s modem and InfoRoute)
• Maximum Single Session
  • Eight (8) hours of consecutive time, which may be lowered without notice at peak times
• Minimum Reconnect Limit
  • One (1) minute following termination of previous connection
• Interactive
  • User is physically using keyboard or mouse
• Multiple Concurrent Online Sessions
  • One (1) concurrent online session for each PPP/ISDN account purchased

Monitoring

LINQ has no obligation to monitor InfoRoute. LINQ, however, has the right to monitor InfoRoute from time to time and to disclose any information as necessary to satisfy any legal, regulatory or other governmental request, to operate InfoRoute properly or to protect itself or its subscribers. LINQ will not intentionally monitor or disclose any private electronic-mail message unless required by law. LINQ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

Privacy

LINQ cannot insure or guarantee privacy for InfoRoute users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at your sole risk, and LINQ and its affiliate and related companies shall be relieved of all liability.

Terms of Payment

Payment information is clearly indicated on our invoices. We reserve the right to charge $15 for dishonoured cheques. We charge 2% per month, 28.8% per annum for overdue accounts. Accounts are considered to be overdue ten (10) days from the date of the invoice. You are responsible for all legal and collection charges, should they be required.

Purchasing

When making purchases or other transactions through InfoRoute or the Internet, you may be asked by the merchant or information or service provider to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through InfoRoute will be accurate and complete. LINQ is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

Limited Liability

LINQ takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on InfoRoute. LINQ makes no representations about the suitability of any of the information contained in the documents and related graphics on InfoRoute for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall LINQ be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the service.

Non-Transferable

The right to use the service is not transferable. User is responsible for the confidentiality of the user's password. Violation of these terms shall constitute theft of service and may be prosecuted under civil and criminal law.

System Backup

InfoRoute does not and will not perform system backups on any user's email account. We are not responsible for any lost email. 

InfoRoute does not and will not perform system backups on any users' personal web site account. We are not responsible for lost web data.

Recourse

If you are dissatisfied with LINQ or with any terms, conditions, rules, policies, guidelines, or practices of LINQ in operating InfoRoute, your sole and exclusive remedy is to discontinue use.

Information

You authorize LINQ to collect from any party and to retain all relevant information relating to your use of InfoRoute.

Indemnity

You will hold LINQ and it's affiliates and related companies harmless from all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this agreement or law.

Trademarks

InfoRoute^™ and other names, logos and icons identifying InfoRoute and LINQ products and services referenced herein are trademarks of LINQ. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

Miscellaneous

This agreement, including any and all documents referenced herein constitute the entire agreement between LINQ and you pertaining to the subject matter hereof. LINQ's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this agreement be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. 

This agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have requested that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

For more information, please contact us.