BlueFlag Networks Terms of Service
Terms of Service
By accessing and using the BlueFlag website (the “Site” as further defined below) and Services (as defined below) we provide, you (the “Customer”) agree to each of the terms and conditions set forth herein (the “Terms of Service”). We reserve the right to amend these Terms of Service at any time and without notice. These Terms of Service will be accessible on the Site at all times and the Customer undertakes an obligation to observe and follow these Terms of Service, including any changes that may occur from time to time. Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Service. We reserve the right to block the Customer’s access at any time for any reason, including but not limited to violations of these Terms of Service. Please also carefully read our Privacy Policy which is hereby incorporated into these Terms of Service by reference.
Definitions
BlueFlag (variously, “we”, “us” or “our”): refers to Frontier Networks Inc.
Content: means any information that is transmitted using the Services, publicly or privately, including but not limited to – personal information, images, videos, graphics, sounds, texts and e-mails.
Customer (variously, “you” or “your”): an individual and/or legal entity who accesses and uses the Services.
Customer Account: means a BlueFlag account created by BlueFlag which allows a Customer to access the Services.
Services: means the services provided by BlueFlag including, but not limited to, use of the Site and those services further described in the Services section below.
Site: means the BlueFlag website hosted at www.blueflagnetworks.ca.
Services
1. BlueFlag Internet (“Internet Service”)
a. Installation
i. BlueFlag shall use reasonable efforts to deliver and install the Internet Service by the estimated activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of third party suppliers or providers. BlueFlag does not guarantee that Services shall be delivered and installed by a specific activation date.
ii. The Customer demarcation point for the Services shall be a standard location where all external wiring feeds terminate and connect with inside wiring owned by the Customer. Internet Services shall be installed up to the Customer demarcation point.
iii. BlueFlag shall not be responsible for any equipment or wiring beyond the demarcation point, save and except for BlueFlag Customer premises equipment (“CPE”), such as the BlueFlag supplied modem.
iv. BlueFlag shall not be responsible for configuration of CPE above and beyond the standard configuration, nor shall BlueFlag be responsible for configuration of customer-owned devices (laptops, PCs, etc.).
v. Any additional wiring or termination of circuits past the Customer demarcation point shall be the Customer’s sole responsibility. In the event the Customer requests wiring or other work to be performed by BlueFlag, such work will be performed by a BlueFlag authorized installer, and will be billed directly to the Customer by the BlueFlag authorized installer.
b. Service Interruption Credits
i. If the Internet Service is interrupted for a period of at least 24 hours after notice by the Customer to BlueFlag, an allowance equal to 1/30th of any fixed billing cycle charges for the affected Service shall apply to each full 24 hour period during which the interruption continues. Credit in any billing period shall not exceed the total average monthly charges for that period for the affected Service. No allowance shall apply to any non-recurring or usage charges. The Customer’s sole and exclusive remedy for Service interruption shall be the credit outlined above.
ii. The Customer must request credit within thirty (30) days of the validated interruption, failing which the Customer forever waives its right to any credit for such outage. BlueFlag reserves the right to determine in its sole and absolute discretion if an interruption is considered a validated interruption.
iii. At no time will multiple remedies be provided to the Customer for same, similar or related troubles on the same line. Customer payables must be current prior to the Customer receiving any credits
iv. No credit shall be provided for interruptions due to the following:
1. the failure of any component, equipment, wiring, network or system provided by the Customer or a third party;
2. network maintenance by BlueFlag;
3. Force Majeure events;
4. acts or omissions, negligent or otherwise, of the Customer or a third party.
2. BlueFlag Internet Television (“IPTV”)
Channels will change from time to time without notice. Quality of video signal can also vary and may not be viewable. BlueFlag will not be responsible for interruptions in video delivery.
3. BlueFlag Digital Home Phone Service (“Home Phone Services”)
a. Service Availability. Customer may qualify for Home Phone Services, depending on his/her location. Qualification for the Home Phone Services must be verified by contacting BlueFlag customer service and receiving confirmation of Home Phone Service availability for Customer’s location.
b. Service Description
i. The features and rates for the Home Phone Services can be found on the Site.
ii. Details of the minimum system and access requirements for the Home Phone Services can be found on the Site.
iii. The BlueFlag long distance Home Phone Service is subject to additional fees outside of Canada and the United States in accordance with the features and rates found on the Site (“Long Distance Services Calling Package”).
c. Enhanced 911 (E911) Service. PLEASE READ THE INFORMATION BELOW ABOUT 9-1-1 EMERGENCY SERVICE CAREFULLY!
i. By using or paying for the Home Phone Services, the Customer acknowledges and agrees to all of the information below regarding the limitations of using the Home Phone Services for dialling 9-1-1. The Customer acknowledges and understands that the Home Phone Service offers a limited 9-1-1 type service and that such 9-1-1 type dialling differs in important respects from traditional 9-1-1 service, as described below. The Customer agrees to advise all users who may place calls over the Home Phone Service from the Customer’s location of these limitations.
ii. BlueFlag 9-1-1 emergency dialling is only supported in software and on Analogue Terminal Adapters (ATAs) or modems provided by BlueFlag for use with the Home Phone Services.
iii. The 9-1-1 call may be routed to a different dispatcher than that used for traditional 9-1-1 dialling. The dispatcher will be located at either the Public Safety Answering Point (PSAP) or with a local emergency service relay provider designated for the address specified by the Customer at the time of subscription or as properly updated by the Customer from time to time.
iv. BlueFlag 9-1-1 emergency dialling has certain limitations relative to Enhanced 9-1-1 service. Enhanced 9-1-1 service is the type of 9-1-1 service that is generally available on most traditional primary exchange telephone services. With Enhanced 9-1-1 service, your address information associated with your telephone number is usually available to the PSAP at the time of your 9-1-1 call. With the Home Phone Services 9-1-1 emergency dialling, your call is being sent via the Internet rather than a traditional phone line, and as the most up to date Customer address information may not arrive with this call, a different method is required to send this Customer address information accurately. This method may involve the use of an intermediary emergency service operator to help ascertain your current location information.
v. Be prepared to confirm your location and telephone number with the operator who answers the 9-1-1 call since the operator may not have this information. It is also recommended to keep in mind that BlueFlag is your telephone service provider because if necessary, the BlueFlag central call centers can contact emergency services in severe emergency situations to attempt to help. You are also encouraged not to hang up until told to do so, and to call back if you get disconnected, as immediately as possible. Please note that it may take up to three (3) days upon initial activation of service for your address information to fully propagate throughout the 9-1-1 systems.
vi. Home Phone Services 9-1-1 emergency dialling may not be available: during a power outage, network failure, if Customer’s computer, system, equipment or wiring is malfunctioning, in the event of suspension or disconnection of the Home Phone Service because of billing issues or breach of terms of service, due to any disconnection or suspension of underlying broadband access service or due to a Force Majeure event (as defined in this Agreement). Home Phone Services 9-1-1 emergency dialling will also be unavailable during a broadband Internet outage. If there is a power outage, the Customer may be required to reset or reconfigure the ATA or modem (as the case may be), prior to being able to use the Home Phone Service, including for 9-1-1 dialling purposes.
vii. 9-1-1 dialling will not function correctly if the Customer moves or changes locations without updating the location information with BlueFlag. In order to have 9-1-1 calls routed correctly, Customer must update his/her service address at least three (3) days prior to moving by updating the information with BlueFlag Customer service by phone or at www.blueflagnetworks.ca.
viii. Customer must keep the registered location information current by updating it with BlueFlag to help ensure success with the emergency service operator who may assume that Customer is at the last registered address if he/she is not able to speak during a 9-1-1 call. Customer’s registered location information is used to accurately connect to the appropriate emergency response center so that they may trigger the appropriate emergency response.
ix. For technical reasons associated with the possibility of network congestion, there is a possibility that the 9-1-1 call will produce a busy signal or will take longer to answer, as compared to traditional 9-1-1 calls placed from a fixed location known to the emergency service provider.
x. Customer should inform any household residents, guests and other persons who may be present at the physical location where the Home Phone Service is utilized of the important differences in and limitations of the 9-1-1 dialing as compared with traditional Enhanced 9-1-1 service, as set out above.
xi. Customers traveling outside of Canada will not have 9-1-1 dialing services.
xii. If Customer is not comfortable with the limitations of the Home Phone Services 9-1-1 emergency dialing, Customer should consider having an alternate means of accessing traditional 9-1-1 or Enhanced 9-1-1 services or disconnecting the Home Phone Service.
xiii. The Customer acknowledges and understands that BlueFlag will not be liable for any service outage and/or inability to dial 9-1-1 using the Home Phone Services or to access emergency service personnel due to the 9-1-1 dialing characteristics and limitations listed herein. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, BLUEFLAG, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF CUSTOMER OR ITS END USERS TO ACCESS 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE, AND THE CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS BLUEFLAG, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE PROVISION OR NON-PROVISION OF 9-1-1 AND/OR EMERGENCY 9-1-1 SERVICE.
d. Porting
i. Number Transfer (“Porting to BlueFlag”): If the Customer wishes to transfer or port a current telephone number to BlueFlag, the Customer must complete a Letter of Authorization (the “LOA”) and submit it to BlueFlag. The LOA will permit BlueFlag to contact the Customer’s current carrier and request the port of the number to the BlueFlag network. The Customer is responsible to cancel the service agreement with the current carrier, once informed by BlueFlag that the port is complete. BlueFlag will not be responsible for numbers that are lost, charges incurred to reclaim the telephone number, or any other porting fees, should the Customer cancel his/her service before the port is complete. In the event that a Number Transfer is rejected due to any information provided by the Customer, BlueFlag reserves the right to charge a Port Rejection Fee of $25.
ii. Number Transfer Away From BlueFlag (“Porting Out”): If the Customer intends to change to another service provider, the Customer may request to take or “port out” the telephone number supplied by BlueFlag to such other service provider. If the Customer asks a new service provider to port a number from BlueFlag, the Customer must contact BlueFlag after the port is completed so that BlueFlag can ensure billing has been cancelled. The Customer shall remain responsible for any charges and fees associated with that number until the Service is terminated. If the Customer’s Service has been suspended due to non-payment, BlueFlag reserves the right to deny the port-out request. If a port is unsuccessful for any reason, the Service and this Agreement will not terminate and the Customer will continue to be responsible for any charges and fees associated with the Service and the Customer’s account.
iii. Directory listing. The telephone number(s) that the Customer obtains in connection with the Home Phone Service will not be listed in any telephone directories.
e. Calling Plans & Acceptable Use
i. Details of the Long Distance Services Calling Package to be included with the Home Phone Service can be found here. Calls made to locations that are not included in the Home Phone Service shall be charged to the Customer’s Account in accordance with the terms and conditions herein.
ii. Certain areas are excluded from our Free Canada and Free United States calling plans.
f. No 0+, Operator Assisted or 1-900 calls. The Home Phone Service does not support 0+ or operator assisted calling (including, without limitation, collect calls and third party billing calls). Further, the Home Phone Service does not support 1-900 calls or other similar services. The VOIP Phone Service also does NOT support 811, 411, 311 or 211 calls, The VOIP Phone Service may support certain calling card calls or other companies’ flat rate calling services (depending on dialing requirements), but it will not support 10-10 dial around long distance services.
g. Installation. The Customer shall be responsible for the installation of the Home Phone Service. If the Customer would like a BlueFlag authorized installer to perform the work, it can be arranged, and will be billed directly to the Customer by the BlueFlag authorized installer. BlueFlag’s standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer’s home to be prepared for installation. Customer will be responsible to make and pay for any required changes or upgrades. In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Home Phone Services, BlueFlag shall not be liable for any resulting delay in commencing the Home Phone Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by BlueFlag in order to install or restore the Home Phone Services.
Customer Conduct and Responsibility
Notwithstanding anything else stated in these Terms of Service, Customer pledges that they will abide by the BlueFlag Acceptable Use Policy found at this link.
Customer Accounts
1. To access and use the Services, we will create a personalized account for you (“Customer Account”). The only information you need to submit in order to open a Customer Account is your name, an active email address, mailing and service address and payment information (although more information may be required later based on which Services you utilize). You are solely responsible for maintaining the confidentiality of the password associated with your Customer Account, if you setup online access, and accept responsibility for all activities that occur under your Customer Account. We endeavour to use reasonable security measures to protect against unauthorized access to your Customer Account but we cannot guarantee absolute security of your Customer Account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing your Customer Account. You agree to immediately notify BlueFlag of any unauthorized use of your Customer Account or password, or any other breach of security, and to accept all risks of unauthorized access to the content you provide to BlueFlag.
2. You understand that all Content available in connection with the Services is the sole responsibility of the person from whom such Content originated. This means that you, and not BlueFlag, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. BlueFlag does not control or monitor the Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that you or others may find offensive, indecent, objectionable or illegal. Under no circumstances will BlueFlag be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.
3. You acknowledge that BlueFlag and its designees shall have the right, but not the obligation, exercised in their sole discretion, to pre-screen, monitor, refuse or remove any Content that is available via the Services. Without limiting the foregoing, BlueFlag and its designees shall have the right, but not the obligation, to remove any Content that violates these Terms of Service, is illegal, or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
Term and Termination
1. Services are offered on a month-to-month subscription basis. The Services shall be deemed to begin on the date on which BlueFlag activates your Services and shall end on the last day of the calendar month. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide BlueFlag with notice as per the Right to Cancel section.
2. Right to Cancel
The Customer may discontinue the Services at any time for any reason with proper notice in accordance with the following:
i. cancellation requests must be via telephone or email;
ii. Cancellation is deemed to be for the end of current paid up period. The Customer must give a minimum of 5 business days notice before the end of a month for discontinuation of Service at the end of that month. If we are advised of cancellation with a month or greater notice, the payment for Services will be pro-rated to the requested date; and
iii. there are no refunds or credits given where Services have been delivered.
Fees and Charges
1. The fees and charges for each Service shall be set out in the description of each Service or bundled Services on the Site.
2. Additional charges that may apply to Services, which may include access fees or activation fees, shall be listed on the Site.
3. BlueFlag reserves the right to change fees on 30 days notice via email. Your continued use of the Services after a change in fees shall constitute your acceptance of such change in fees.
4. Charges for Services will begin on the Activation Date. The Activation Date is either on
a) the date a BlueFlag technician installs the CPE, or
b) the date your Services have been activated if your CPE has been shipped.
5. All fees and charges shall be charged to you monthly on the first of each calendar month (in advance) and paid in accordance with your payment methods set up in your Customer Account. Charges for the first month of Services will be pro-rated based on the Activation Date.
6. Fees and charges for the Services are non-refundable. If Customer terminates the Service prior to the completion of the month there will be no refunds of amounts already paid.
7. Your invoices, receipts, and any notices will be sent to the email account that you provided during sign-up.
8. In the event that BlueFlag is unable to collect payment for any reason, BlueFlag may suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended. Suspended accounts are subject to a re-activation fee of $25.
9. BlueFlag reserves the right to terminate your access to Services if your balance is outstanding for over 10 days, and you have not demonstrated any effort or intentions of resolving your balance (determined in BlueFlag’s sole discretion). BlueFlag will use reasonable efforts to provide at least three (3) business days notice of its intent to terminate your access to the Services.
10. Any under-billed or un-billed fees or charges shall be payable by Customer when correctly billed. BlueFlag may bill for fees and charges up to one (1) year from the date the fee or charge was incurred.
11. Credit Card Payments
a. If your credit card expires, your billing address changes, or the card is cancelled and replaced as a result of loss or theft, you must advise BlueFlag at once.
b. You must notify BlueFlag in writing within ten (10) days of your credit card statement, if you dispute any of BlueFlag’s fees or charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to billing@blueflagnetworks.ca
c. Your initial use of the Services authorizes BlueFlag to charge the credit card account number on file with BlueFlag for fees, charges and taxes. This authorization will remain valid until sixty (60) days after you provide BlueFlag with notice of your intention to terminate your subscription to the Service.
d. In the event that a credit card payment fails, an administrative charge of $5.00 will apply, if the payment is not made by the due date, as stated on the invoice. This administrative charge will be reflected on the next month’s invoice.
e. In the event that a chargeback is initiated, BlueFlag reserves the right to charge a $25.00 fee to cover the administrative and processing costs of the chargeback. If the chargeback is deemed invalid, BlueFlag reserves the right to dispute and reverse the chargeback. Additionally, BlueFlag reserves the right to suspend access to Services if the chargeback puts the Customer’s account in a delinquent state.
f. In the event that your account is suspended or deactivated due to non-payment, BlueFlag reserves the right to charge the credit card account number on file for the balance owing, including applicable taxes.
12. Preauthorized Debit
a. By default, PAD payments are processed on the 1st day of each month but please allow up to five (5) business days for the payment to show on your account.
b. In the event that a PAD payment fails for any reason, an administrative fee of $25.00 will apply.
c. Your use of PAD payments indicates your agreement with the terms outlined in the signed BlueFlag PAD agreement
d. PAD payments are automated through Canadian financial institutions. If you are unable to make regular payments on the date of the payment, please call BlueFlag billing to arrange alternate payment methods.
13. Bill Payments. An administrative charge of $5.00 will apply if payment is not made by the due date, as stated on the invoice. This administrative charge will be reflected on the next month’s invoice.
14. Networking Fees. In some rural areas, additional networking fees may apply for our DSL services. The Customer will be notified of any such networking fees prior to service activation, at which point the Customer may choose to continue with activation or cancel Services, and request a full refund.
Service Support
1. Equipment/Hardware
Customer will receive CPE from BlueFlag for the exclusive purpose of using the Services. The CPE remains the property of BlueFlag.
a. The Customer shall cause the CPE to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws. The Customer will use the CPE only in the manner for which it is designed and as a prudent and careful owner would.
b. The Customer will not sell, lease or otherwise dispose of the CPE (or any part thereof) and will keep the Equipment free of all encumbrances.
c. The Customer will bear the risk of loss, destruction or confiscation to the CPE from the time the CPE is delivered to the Customer
d. The Customer shall not modify the CPE hardware, software, firmware or any other portion of the Equipment, except for what is provided on BlueFlag’s Support page. Any alterations beyond this can hinder functionality of the CPE, and will not be supported by BlueFlag. In the event that these alterations prevent/alter the functionality of the modem, the customer will be charged a repair fee to be determined by BlueFlag. In the event that the modem cannot be repaired, the customer assumes responsibility and must pay the full purchase price of the modem.
e. In the event of an exchange of CPE, the Customer will be charged an exchange fee as well as any fees for shipping/delivery of new CPE and/or return of previous CPE.
f. Upon termination of this Agreement, or termination of a certain Service hereunder, all CPE must be returned to BlueFlag within ten (10) days from the date of termination, failing which, the Customer will be charged the full purchase price of the CPE. Returned CPE must include all original cables and power adapters, must not have any physical damage and must be in good working order.
g. BlueFlag will provide Customer with a shipping label for return of CPE. Customer is responsible for packaging and returning the CPE via shipping method specified by BlueFlag.
h. BlueFlag does not recommend, endorse or support the use of third party hardware not supplied by BlueFlag.
i. Any hardware purchased from BlueFlag receives a one year manufacturer’s warranty. Defective hardware may be exchanged within that time period, however the Customer is responsible for any shipping charges
2. Service Specifications
a. Service speed is up to the advertised upload and download speeds listed on the Site; for example, the speed ‘up to 10 Mbps’ means that the Customer can expect speeds up to 10Mbps or less.
b. BlueFlag does not make any guarantees on the speed of the Customer’s connection due to the fact that speeds vary because of many external factors outside of BlueFlag’s control (including, but not limited to the distance between the Customer’s premises and BlueFlag’s central office or remote server).
c. BlueFlag shall use reasonable efforts to deliver and install the Service by the Activation Date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of, third party suppliers or providers. BlueFlag does not guarantee that Services will be delivered and installed by the Activation Date.
3. Service Installation and Technician Appointments
a. If a technician needs to be dispatched to the Customer premises, the Customer will be notified by BlueFlag and will need to agree upon an appointment date and timeframe. It is then expected that someone will be home on that date during the agreed upon timeframe in order for the technician to access to the premises. In the event that no one is home and the technician has no access the household, the customer will be charged a fee of $25. This fee also applies if someone is home but refuses the technician access to the house/building. Please note: There is no guarantee that your service will be installed on the provided date, as external factors outside of our control can impede installation. In such case, a follow up installation date would need to be arranged.
b. Any additional wiring or termination of circuits past the Customer demarcation point is the Customer’s sole responsibility. In the event the Customer requires wiring to be performed by BlueFlag, such wiring may be performed by BlueFlag or its contractor at a fee to be determined by BlueFlag. BlueFlag offers no warranties on any inside wiring work, as maintenance is the responsibility of the Customer
4. Your Responsibilities
a. The Customer is responsible for getting and maintaining any software required to make use of your BlueFlag connection. BlueFlag provides no warranties for any Internet or email or other connection software you may run on your computer. We assume no responsibility for any damages that may result from the use of such software.
b. The Customer is responsible for ensuring that use of your Customer Account does not result in damage or disruption to BlueFlag Internet service. If you suspect someone may be using your Customer Account without your permission you are required to notify BlueFlag immediately. Otherwise you are responsible for any damages caused by such unauthorized use.
5. Service Support
a. BlueFlag will offer support for configuring BlueFlag Internet Service, but cannot provide support for other system software.
b. BlueFlag will support CPE but cannot support hardware not purchased or rented from BlueFlag.
Miscellaneous
1. Accuracy of Information on the Site
BlueFlag strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, BlueFlag reserves the right correct such misprint or other error, without liability to BlueFlag.
2. Warranty Disclaimer
The Customer agrees that they use the Services solely at their own risk. The Services are provided “as is” and “as available” and without warranty of any kind, express or implied. BLUEFLAG SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BLUEFLAG SHALL CREATE ANY WARRANTY.
3. Limitation of Liability
To the fullest extent permitted by law, in no event will BlueFlag, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall BlueFlag liability for direct damages be in excess of (in the aggregate) one hundred Canadian dollars ($100).
4. Intellectual Property
The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information, and restrictions contained in any of the content that we provide through the Site or otherwise. You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found thereon including, but not limited to, BlueFlag trademarks, logos, and copyrighted material.
No ownership rights are transferred to you pursuant to this agreement. We do not grant you a right or license to reproduce content from the Site, for any reason.
5. Content
BlueFlag does not claim ownership of any Content that you create and share through the Services. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you create and share on or through the Services.
6. Governing Law
These Terms of Service, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Nova Scotia and applicable federal laws of Canada. Any and all disputes between the parties will be within the exclusive jurisdiction of the courts in Nova Scotia, Canada.
7. Force Majeure
Neither party shall be liable for any breach of these Terms of Service, or for any failure in performance, resulting from any cause beyond such party’s reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labour trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.
8. Shipping and Handling
Unless otherwise specifically stated, the cost of shipping is not included with any orders or returns. The Customer agrees to pay for all shipping and handling of equipment in addition to any fee or charge for the Services.
9. Change of Address
Customer agrees to notify BlueFlag if Customer moves or otherwise changes his or her mailing address or phone number, and to supply a truthful name, postal address and telephone number to BlueFlag.
10. Fraudulent Content – Acceptable Use
The Customer agrees to be held responsible for the distribution of fraudulent materials. BlueFlag, reserves the right to bill a Customer’s credit card if violating these terms results in costs of any kind to BlueFlag.
11. Restricted Content
The Customer agrees not to post or transmit any of the following restricted contents: illegal, abusive or unethical activities including pornography, obscenity, nudity, violations of privacy, hacking, computer virus, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of illegal, abusive or unethical materials.
12. Additional Terms and Conditions for BlueFlag High Speed Service
Resale of bandwidth or any other part of the High Speed service provided by BlueFlag, for any purpose, is strictly prohibited.
13. Entire Agreement
These Terms of Service constitute the entire agreement between the parties and supersede all prior agreements and discussions regarding the subject matter of these Terms of Service.
14. Contact Us
If you have any questions, concerns or suggestions regarding these Terms of Service, please contact us at:
Email: billing@blueflagnetworks.ca
Phone: 902-800-7912
Address: 530 Kipling Avenue, Toronto, Ontario M8Z 5E3
These Terms of Service were last updated on DECEMBER 15, 2018.