Interlink Terms and Conditions

 

The Service Order ("SO") and these Terms and Conditions form the agreement between Interlink Connectivity Inc. and Customer for the purchase and use by Customer of telecommunications, data communications and related services offered by Interlink. This agreement may be executed by facsimile and/or in multiple counterparts and form the entire agreement between Customer and Interlink unless superseded in writing by a subsequent contract. Should a conflict exist between these terms and conditions and the Service Order, the Service Order shall control.

 

2. RATES:

 

a) Service Rates and Charges:

 

The rates and charges for the Service are set forth in the SO. Customer agrees to pay all fees and charges incurred on its account for the Service, including any and all incremental and usage based fees for usage based services, if any, and including any and all taxes and surcharges imposed on Interlink or directly on Customer for the delivery of the Service. Interlink reserves the right to change the rates and charges for any renewal term by providing Customer thirty (30) days written notice in advance of the effective data of the change.

 

b) Bills & Payments:

 

Billing is invoiced monthly in advance and will be due at the signing of Service Order (SO) Or at Service Turn up. The contract term on SO will commence when the service is delivered to the Customer and is operational (IP Packets can be passed). All charges shall be due in Canadian Dollars upon receipt of invoice. Accounts are in default if payment of all amounts due is not received within twenty (20) days after date of invoice. Past due charges shall accrue interest at a rate of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower. Accounts unpaid after forty -five 45) days after date of invoice may have the Service interrupted or terminated. Such interruption of Service for failure to pay does not relieve Customer of the obligation to pay for the outstanding balance and for the remaining balance owed under the SO term for Service. Customer agrees to pay a $250 fee to reactivate service following interruption. If Customer defaults, Customer agrees to pay Interlink its reasonable expenses, including legal and collection agency fees, incurred in enforcing its rights

 

2. TERM:

 

a) Initial Service Term 

 

The Initial Service Term of this Service Schedule and for Services placed pursuant to SO (Service Order) is 3 years commencing on the date that the Service is provisioned and ready for use (the “Initial Service Term”). Unless notice of non-renewal has been sent in writing by one party to the other at least thirty (60) days before the expiry of the Initial Service Term, this Service Schedule and the term for Services placed pursuant to SO shall automatically renew and continue on initial term basis on the same terms and conditions as contained herein for additional term(s). At the end of each Renewal Service Term, an additional Renewal Service Term and an additional term for Services placed pursuant to SO will commence unless written notice of non-renewal has been sent by the client to Interlink at least thirty (60) days in advance. The Initial Service Term and any Renewal Service Term(s) are hereinafter collectively referred to as the “Service Term”.

 

 

 

b) Termination Fee:

 

In the event that the Customer terminates this Service or any portion of the Services provided herein prior to the expiry of the Initial Service Term or Renewal Service Term, the Customer shall pay to Interlink in a single payment, at the time of termination, any outstanding service charges and/or construction charges plus Termination Fees, which are equal to 100% of the monthly remaining Fees.

 

3.OTHER TERMS AND CONDITIONS:

 

Internet Acceptable Use Policy:

 

The Internet Acceptable Use Policy is part of the terms and conditions of this Service Schedule and Customer agrees to comply and to ensure that End Users comply with the terms contained therein.

 

 

SCHEDULE A – SERVICE LEVEL OBJECTIVES (SLO) – FIBRE CIRCUITS:

 

The following outlines the Service Level Objectives (SLO) for the service

Network Availability (Core)

99.999%

Service Availability

99.9%

Mean Time to Repair

4 hours

Network Operating Center (NOC) Support

24x7x365

Priority Support for Fibre Clients

DRI assigned with direct phone line provided to end client

 

 

 

SCHEDULE A – SERVICE LEVEL OBJECTIVES (SLO) – Colo-Rackspace:

 

The following outlines the Service Level Objectives (SLO) for the service

Network Availability (Core)

99.999%

Service Availability

99.999%

Mean Time to Repair

4 hours

Network Operating Center (NOC) Support

24x7x365

Priority Support for Fibre Clients

DRI assigned with direct phone line provided to end client

Internet Acceptable Use Policy (AUP)

 

 

The Customer is solely responsible for use of the Services by any of its employees, officers, directors, agents and any other end user of the Services (collectively, the “End Users”). The Customer agrees to comply, and to ensure that, the End Users comply with the following policy and procedures associated with the use of the Services (the Customer and/or End Users are sometimes hereinafter referred to as “you”).

 

1. Rules. While using the Service, you may not:

(a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet;

(b) post or transmit messages constituting "spam", which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers; 

(c) post or transmit any information or software which contains a virus, "cancelbot", "trojan horse", "worm" or other harmful or disruptive component;

(d) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (i) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (ii) is defamatory, obscene, child pornography or hate literature; or (iii) constitutes invasion of privacy, appropriation of personality,

or unauthorized linking or framing;

(e) use the Service for an unattended automated operation, including but not limited to point-of-sales applications. You further agree not to use

Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection;

(f) engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or

(g) use the Service for simultaneous sessions using the same User ID and Password.

 

2. Your Equipment.  It is your responsibility to ensure that your computer system meets the minimum requirements stated by Supplier as being necessary to use the Service. From time to time, the computer equipment required to access and use the Service may change. Accordingly, your computer equipment may cease to be adequate to access and use the Service.

 

3. You Can Best Control the Risk and Therefore Are Responsible.  Supplier will not assume any responsibility for your acts or omission or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Supplier and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

 

4. Monitoring. Supplier has no obligation to monitor the Service.  However, in order to protect itself and its subscribers, Supplier will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Customer or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Supplier will not intentionally monitor or disclose any private e-mail message unless required by law. Supplier reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

 

5. Content.  You acknowledge that some content, products or services available with or through the Service ("Content") may be offensive or may not comply with applicable laws. You understand that neither Supplier nor any of its affiliates attempt to censor or monitor any Content. You also acknowledge that neither Supplier nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. The Customer understands, however, that such Content may be subject to "caching" at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet. Supplier and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.

 

6. Privacy.  Supplier cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Supplier therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Supplier, its affiliates and its agents shall be relieved from all liability in connection therewith.

 

7. E-mail. Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. End Users will not use another site’s mail server to relay mail.

 

8. Usenet.  End Users shall not post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists. End Users will not post any Usenet or other newsgroup, forum, email mailing list or other similar group or list articles which are off-topic according to the charter or other owned-published FAQ or description of the group or list.

 

9. System and Network Security.  End Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Supplier ’s or a third party’s network, data or information. End Users are unauthorized to monitor Supplier or third party’s data, systems or network traffic. End Users are prohibited to interfere with service to any user, host or network including without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks. End Users are prohibited to forge any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

 

VIOLATION OF INTERNET ACCEPTABLE USE POLICY

 

Supplier considers the above practices to constitute abuse of its service. Therefore, Supplier’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Supplier’s services in accordance with the Customer’s agreement with the Supplier.

Nothing contained in this policy shall be construed to limit Supplier’s actions or remedies in any way with respect to any of the foregoing activities.

Supplier reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Supplier’s service, and levying cancellation charges to cover Supplier’s costs. In addition, Supplier reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

Complaints regarding email, or USENET abuse, SPAM or Illegal Use or System or Network Security issues, should be sent to support@iplink.net or

abuse