1. Acceptance. Welcome to the Sympatico
network (the "Sympatico Network") operated by Bell Canada's Sympatico Portal Division ("Sympatico"). The Sympatico Network products and services (collectively,
the "Services") are offered by Sympatico through Web pages at the URLs http://www.sympatico.ca, and pages linked thereto which display the Sympatico Network branding bar and which
include a footer link to the Sympatico Network Terms and Conditions. Please Note: Your use of Bell Canada's Sympatico Internet Access Service is governed by separate terms and conditions.
By accessing the Sympatico Network or using any of the Services, you agree,
without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or any Sympatico Network web site, as all of the same may be modified by Sympatico from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without
notice to you, so please check back periodically. The most current version of the Terms and Conditions can be found at http://www1.sympatico.ca/About_Us/terms.html.
Because the Terms and Conditions contain legal obligations, please read them carefully. Please direct any legal questions to:
Bell Canada, Sympatico Portal Division
600-207 Queen's Quay West
Toronto, Ontario M5J 1A7
3. Registration, Accounts and Passwords. Certain of the Services and related features, such as personalization, web
hosting, instant messaging, and webmail, made available over the Sympatico Network may require registration. Should you choose to register for such Services or
related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any
registration over the Sympatico Network, and (b) all activities that occur under such password or account. Further, you agree to notify Sympatico of any unauthorized use of your password or account. Sympatico shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section 3.
4. Rules and Conduct. In consideration
of the availability, and your use, of the Services, you agree, while visiting the Sympatico Network, not to
- post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Sympatico Network or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Sympatico Network, the Services or the Internet;
- defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
- post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
- post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
- upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Sympatico Network or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or rightholder;
- impersonate or falsely represent your association with any person, including a Sympatico representative or forum moderator; and
- use, reproduce, sell, resell or otherwise exploit the Sympatico Network
or any of the Services for any commercial purposes.
5. Responsibility for Minors. In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Sympatico Network may contain material that is inappropriate for minors. Please consult our safe surfing guide for information on parental control protections and other safe surfing tips.
6. Monitoring. You acknowledge that Sympatico has no obligation to monitor the Sympatico Network or any content, products or services (collectively, "Content") accessible through
the Sympatico Network or any of the Services. However, you agree that
Sympatico has the right to monitor the Sympatico Network electronically from
time to time and to disclose any information as necessary to satisfy
any law, regulation or other governmental request, to operate the
Sympatico Network or any of the Services properly, or to protect itself
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 the Terms and Conditions. You understand
that by using the Services, you may have access to Content which
may be offensive or objectionable to you. Under no circumstances
shall Sympatico be responsible or liable, directly or indirectly, in any
way for any loss or damage of any kind incurred as a result of,
or in connection with, any use of, or access to, any such Content.
7. Dealings with Third Parties. You acknowledge and agree that your correspondence or business dealings
with any third parties, including any merchants or advertisers,
found on, or through, the Sympatico Network or any of the Services, including
payment for and delivery of related goods and services, and all
other terms, conditions, representations and warranties related
to such dealings, are solely as between you and such third parties.
Sympatico assumes no responsibility whatsoever for any charges you or
any user of your account incurs when making purchases or other transactions
in this manner. Further, the responsibility for ensuring compliance
with all applicable laws in connection with any such transactions
shall be the user's alone. You agree that Sympatico shall not be responsible
or liable, directly or indirectly, in any way for any loss or damage
of any kind incurred as a result of, or in connection with, any
of such dealings or transactions.
8. Web Hosting. Web page hosting services are made available over the Sympatico Network by Internet Names for Business Inc. at webcentre.ca (the "webCentre.ca Service"). By registering for, or using the webCentre.ca Services, you are creating a separate contractual relationship between you and Internet Names for Business Inc., the terms of which are as set out in the Internet Names for Business User Terms of Service made available to you during the registration process and on the webCentre.ca site. You agree that you, and not Sympatico, are responsible for all fees, liability, and obligations in connection with that relationship and services you register for and/or use. You further agree that the webCentre.ca Service is a "Service" under these Sympatico Network Terms and Conditions. Accordingly your use of this service is also subject to these Sympatico Network Terms and Conditions, including for certainty the terms and conditions regarding Disclaimer of Warranties, Limitation of Liability and Indemnity.
9. Webmail. Webmail and other web based email services made available by Sympatico over the Sympatico Network (collectively "Webmail") are provided on an "AS IS" basis
without representations, warranties or conditions of any kind, and
you acknowledge and agree that Sympatico shall have no responsibility
for, or liability in respect of, any aspect of the Webmail services,
including without limitation for any lost or damaged data or any
acts or omissions of Sympatico.
Sympatico allows one Webmail account per individual with a legitimate
electronic mail address. Webmail is provided to individuals and
for personal use only. You acknowledge and agree that you may only
use the Webmail service to send and receive personal messages only.
Any unauthorized commercial use of the Webmail service, or resale
of the Webmail service is expressly prohibited. The amount of Webmail
e-mail storage space is limited; please consult our Webmail section
for more information. Some Webmail e-mail messages may not be processed
due to space constraints or outbound message limitations.
The components and any aspects of the Webmail services, including
email, information and other data you store on the Webmail service,
may be deleted by Sympatico at any time for any reason or
for no reason at all, in Sympatico's sole discretion, with or without
notice to you. Sympatico shall have no obligation to maintain any content
in your Webmail account or to forward any unread or unsent messages
to you or any third party.
In consideration of the availability, and your use, of the Webmail
services, you agree to comply with all applicable laws and the Terms
and Conditions in using the Webmail service and are solely responsible
for all acts or omissions that occur under your account or password.
In addition to other prohibited conduct described herein, you may
not use the Webmail service to post, transmit or otherwise facilitate
the creation or distribution of chain letters, junk e-mail, spam
or any duplicative or unsolicited messages, surveys, contests or
pyramid schemes. Further you may not forge headers or otherwise
manipulate any identifiers serving to disguise the origin of any
content transmitted using the Webmail service.
If you wish to terminate your Webmail account, your only recourse
is to discontinue your use of the Webmail service. However, you
acknowledge and agree that Sympatico may terminate your Webmail account
at any time for any reason or for no reason at all, in Sympatico's sole
discretion, without prior notice, or any notice.
10. Pay Services.
Certain of the Services (such as the Services offered in the "Time Out" section of the Sympatico Network) made available over the Sympatico Network may be offered by Sympatico on a payment basis (hereinafter referred to as a "Pay Service"), which Pay Service may be offered by Sympatico on a "prepaid" or on a "pay as you use" basis. Should you choose to purchase access to a Pay Service, you will be required to register as described in Section 3 above, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide to Sympatico at such time. You agree to pay all the fees applicable to such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), all Fees for a Pay Service purchased through your Pay Service Account will be billed immediately to the credit card you designated for the particular Pay Service Account and are non-refundable. Sympatico reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account.
In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that Sympatico reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that Sympatico reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Sympatico has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of the Terms and Conditions. Any such termination by Sympatico shall be in addition to and without prejudice to such rights and remedies as may be available to Sympatico, including injunction and other equitable remedies.
11. Sympatico Domains. The Sympatico Domains service
is offered by Domain People (a division of NetNation Communications Inc.), an
ICANN accredited registrar for .com, .net, .org, .biz, .info and .ca domain names.
By registering or pre-registering for a domain name through the Sympatico Domains service, you are creating a separate contractual relationship between you and Domain People Inc., the terms of which are as set out in the Domain People User Agreement made available to you during the domain name registration process. You agree that you, and not Sympatico, are responsible for all fees, liability, and obligations in connection with that relationship and any domain name you register or pre-register using the service. You further agree that the Sympatico Domains service is a "Service" under these Sympatico Network Terms and Conditions. Accordingly your use of this service including any searches, registrations and pre-registrations is also subject to these Sympatico Network Terms and Conditions, including for certainty the terms and conditions regarding Disclaimer of Warranties, Limitation of Liability and Indemnity.
12. Downloads and Shareware. Sympatico's Downloads sections allow you to search for software that has been made available for downloading by various third parties. Such software is made available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Sympatico, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or specifications.
13. Disclaimer Regarding Third Party Content.The Sympatico Network offers access to numerous third party web pages and content available over the Internet. In such instances, including,
but not limited to, third party content contained on or accessible
through the Sympatico Network websites and web pages or sites displayed
as search results or contained within a directory of links on the
Sympatico Network, Sympatico generally exercises no control over such third
party content, web pages, or sites. You agree that it is your responsibility
to review and evaluate any such content, and that any and all risk
associated with the use of, or reliance on, such content rests with
you. You further agree that Sympatico shall not be responsible or liable,
directly or indirectly, in any way for any loss or damage of any
kind incurred as a result of, or in connection with your use of,
or reliance on, any such content.
14. Disclaimer regarding Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Sympatico Network search services are protected by copyright and/or other intellectual property laws. Sympatico does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Sympatico Network, all of the Multimedia Content contained on such sites is owned and served by entities other than Sympatico. The Sympatico Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through the Sympatico Network search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
15. Professional Information Disclaimer. The Sympatico Network makes available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of the Sympatico Network does not replace consultations with a qualified medical, legal financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Sympatico, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
16. User Content. In respect of any and all content you elect to post on the Sympatico Network which is accessible
by the general public, such as on Sympatico's public forums, you grant
Sympatico a world-wide, royalty-free, nonexclusive, and unrestricted license
to use, copy, adapt, transmit, publicly display and perform, distribute
and create compilations and derivative works from such content for
the limited purposes of publishing such content and promoting the
specific Service to which such content was submitted. Such license
shall apply with respect to any form, media, or technology now known
or later developed and shall terminate at the time you delete such
content from the Service.
With respect to any and all content you elect to post or transmit
using the Services, you agree that Sympatico may preserve and disclose
any content associated with your account where required to do so
by law or where such preservation or disclosure is reasonably believed
by Sympatico to be necessary to ensure compliance with the law, enforce
the Terms and Conditions or protect the rights and interests of
Sympatico or any other person.
17. Service Modifications. You acknowledge and agree that Sympatico reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Sympatico
will not be responsible or liable, directly or indirectly, to you
or any other person in any way for any loss or damage of any kind
incurred as a result of, or in connection with, any such modifications
18. Termination. You acknowledge and
agree that Sympatico, in its sole and absolute discretion, may, without
notice to you, suspend or terminate your account or your use of,
or access to, any of the Services, and remove and discard any information
or content related to such Service (and your use thereof), for any
reason, including where Sympatico believes that you have violated any
of the Terms and Conditions. You further agree that Sympatico shall not
be liable to you or to any other person as a result of any such
suspension or termination.
If you are dissatisfied with the Sympatico Network, any of the Services
or with any terms, conditions, rules, policies, guidelines, or practices
of Sympatico in operating the Sympatico Network and the Services, your sole
and exclusive remedy is to discontinue using the Sympatico Network and
19. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SYMPATICO NETWORK AND THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND THAT SYMPATICO MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS
(as used in this section "WARRANTIES") OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND
(B) SYMPATICO SPECIFICALLY MAKES NO WARRANTIES THAT THE SYMPATICO NETWORK OR
ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS
OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SYMPATICO NETWORK
OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED
THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
20. Limitation of Liability.YOU
EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SYMPATICO, INCLUDING
ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL
OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SYMPATICO HAD BEEN ADVISED
OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE
OF ANY OF THE SERVICES OR THE SYMPATICO NETWORK, OR (B) ANY UNAUTHORIZED
ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS,
OR (C) ANY OTHER MATTER RELATING TO THE SYMPATICO NETWORK OR ANY OF THE
SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED
TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
21. Indemnity. You agree to defend, indemnify and hold Sympatico, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and
all liabilities, claims, costs and expenses, including reasonable
attorneys' fees, related to or in connection with your, or any user
of your account's: (a) violation of the Terms and Conditions, or
(b) use of the Sympatico Network or any of the Services, or (c) placement,
posting or transmission of any message, information, software or
other content on the Sympatico Network or through any of the Services.
22. No License; Intellectual Property of Sympatico and Others. Except
as expressly provided, nothing herein or within any of the Services shall
be construed as conferring any license under any of Sympatico's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or
otherwise. Without limiting the generality of the foregoing, you acknowledge
and agree that certain content available through and used to operate the Sympatico
Network and Services is protected by copyright, trademark, patent, or other
proprietary rights of Sympatico, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the
Services or the Sympatico Network. Further, you agree not to modify, alter, or
deface any of the trademarks, service marks, or other intellectual property
made available through the Sympatico Network nor use any of the forgoing for any
purpose other than the purpose for which such intellectual property is made
available to users through the Sympatico Network.
23.Trademarks. Sympatico and Sympatico.ca are registered trademarks of Bell Canada. All other product, brand and company names and logos used on the Sympatico Network are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Sympatico Network without the express written consent of Sympatico or the owner of the mark, as appropriate, is strictly prohibited.
24. Copyright Notices. All information and content contained on, or made available over, the Sympatico Network
are: Copyright © 2003 Bell Canada and/or its suppliers
and users, c/o Bell Canada, Sympatico Portal Division, 207 Queen's Quay West, 6th
Floor, Toronto, Ontario M5J 1A7 CANADA. All rights reserved. Any
copying, republication or redistribution of such content, including
by caching, framing or similar means, is expressly prohibited without
the prior written consent of the copyright owner.
25. Territory. The Sympatico Network sites originate in Canada.
26. Arbitration and Actions.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of the Sympatico Network or Services or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
27. Submission of Ideas and/or Suggestions.
Sympatico is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO SYMPATICO BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO SYMPATICO, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO SYMPATICO THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT SYMPATICO IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SYMPATICO, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
28. Miscellaneous. The Terms and Conditions constitute the entire agreement between Sympatico and you pertaining to
your use of the Services and supercede any prior agreements between
you and Sympatico. Sympatico's failure to insist upon or enforce strict performance
of any right or provision of the Terms and Conditions shall not
constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in the Terms
and Conditions are determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall not
affect the remaining provisions (or parts thereof) contained herein.
The Terms and Conditions shall be governed by and construed in accordance
with the laws of the province of Ontario and the federal laws of
Canada applicable therein. The parties have required that the Terms
and Conditions 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
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