PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS"), WHICH GOVERN YOUR USE OF THE BAI COMMUNICATIONS SERVICES (AS DEFINED BELOW). BY ACCESSING THE BAI COMMUNICATIONS SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAI COMMUNICATIONS ("BAI"). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS, USE OR REGISTER TO USE THE BAI SERVICES.
Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an "I AGREE" icon) or implicit (i.e., using the BAI Services) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. You hereby irrevocably waive any "opt-out" rights that you may have under applicable law to use or receive physical copies of these Terms.
For purposes of these Terms, the following terms have the following meanings:
"BAI Services" means services offered by BAI at the Locations including: (a) the TCONNECT™ Internet services operated by BAI, (b) BAI's related portal website and other BAI websites and (c) access to software made available by BAI in connection with any of the foregoing. Any new features added to or augmenting the BAI Services are also subject to these Terms;
"Location" means a subway station, platform, underground, entrance or ground-level station; a mall, store, concourse, hallway, common area, or other property where BAI Services are provided to persons who have accepted these Terms; locations may also include onboard vehicles, such as buses, trains, light rail and other rolling stock where BAI Services may be provided.
a) Service Use. The BAI Services are intended for personal use only by permitted users at a Location, and are not intended for business purposes. BAI will use commercially reasonable efforts to provide access to the BAI Services to you, however you acknowledge that BAI cannot guarantee that wireless access will be available at all Locations, all of the time or that access will be at any particular bandwidth rate.
c) Content Filtering and Service Control. BAI may prioritize, restrict, block, or otherwise set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the BAI Services for certain applications and/or websites. This may impact the functioning of high bandwidth applications and/or websites, and/or prevent you from accessing such applications and/or websites. BAI Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed. In addition, BAI may implement rate-limiting, URL filtering or other content filtering which block access to certain websites, applications or content while at a Location ("Content Filtering"). You acknowledge and agree that BAI will have no liability for such Content Filtering and will not be liable to you for any acts, omissions, performance or non-performance related to the Content Filtering.
d) Security. BAI does not guarantee the privacy of any transmission you make through the BAI Services or the security of your device or equipment against viruses or other malicious code. You should have no expectation of privacy from third parties when transmitting information through the BAI Services, which could include the interception of data transmission over wireless or wired connections. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your information and other content and for safeguarding of your password (if applicable). BAI will have no liability to you for any unauthorized access or use of any of your data or other content, or any interception, corruption, deletion, destruction or loss of any of your information or other content.
BAI recommends that all users familiarize themselves with their browsers, and learn to identify and understand the differences between secure and regular connections and be aware of the implications of transmitting personal information over an insecure connection. BAI strongly recommends that its customers take measures to ensure the security of their data across ANY Internet connection. As with any high-speed service, including DSL and cable, it is strongly suggested that you utilize the BAI services with the active use of security solutions, such as personal firewalls, anti-virus software, virtual private networks and encryption; however, we do not provide these solutions for our users and cannot guarantee their effectiveness. It is the user's responsibility to evaluate their personal needs and workplace requirements, and obtain and properly configure appropriate security measures.
e) Monitoring. BAI retains the right to monitor the BAI Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other lawful governmental request; (ii) to operate the BAI Services properly; and/or (iii) to ensure or enforce compliance with these Terms or to protect BAI or BAI's other customers or otherwise protect BAI, its users or the general public. BAI also reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law.
REQUIREMENTS, CONDITIONS FOR ACCESS TO AND USE OF THE BAI SERVICES.
a) Passwords (where applicable). Any unauthorized use or breach of these Terms by a third party to whom you disclose your password (intentionally or inadvertently) may be treated as a breach by you of these Terms
b) Acceptable Use Policy. You agree, that in accessing and using the BAI Services, you will not engage in any illegal, harmful, unauthorized or unlawful activity, including without limitation: (1) violation of any applicable laws or regulations; (2) infringement of intellectual property rights; (3) hacking, accessing, tampering with, or using non-public areas of the BAI Services or technical delivery systems of BAI and its providers; (4) probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the BAI Services; (5) using the BAI Services for high volume or commercial use; (6) using any automatic method to circumvent access controls, avoid inactivity disconnect, or to otherwise obtain or maintain a connection unless you have authenticated via BAI's prescribed methods and are actively using the connection; (7) uploading to, distributing to, or otherwise disseminating through the BAI Services any material or information of any kind that is libelous, defamatory, obscene, pornographic or abusive; (8) impersonating any person or falsely misrepresent your affiliation with any person or entity; (9) uploading, distributing or sharing any content for which you do not have the creator's authorization or the license rights to use in that manner; or (10) "spoofing" or configuring any device to mimic another user, network device (such as an access point) or network function (such as a captive portal) in order to intercept transmissions, gain or maintain network access, or circumvent network authentication or security systems.
c) BAI's Remedies. Without prejudice to BAI's other rights and remedies, BAI may take any one or more of the following actions in response to breaches of these Terms: (i) issue warnings, written or oral; (ii) suspend your account or your access to the BAI Services; (iii) terminate your account or the Services (as applicable); or (iv) bring legal action to prevent violations and/or to collect damages BAI is legally entitled to, if any, caused by violations.
a) BAI Content. All right, title, and interest in and to the BAI Services are and will remain the exclusive property of BAI and its licensors. Nothing in these terms gives you a right to use the BAI Communications or TCONNECT™ name or any of the BAI trademarks, logos, domain names, or other distinctive brand features.
b) User Content and Account. You are solely responsible for your use of the BAI Services, for any content you provide through the BAI Services, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the BAI Services. You are responsible for maintaining the confidentiality of your login, password and account (as applicable) and for all activities that occur under your login or account. BAI reserves the right to access your account in order to respond to your requests for technical support. You further agree that, if applicable, BAI may remove or disable any such content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
c) Third Party Content. All content transmitted on or via the BAI Services is the sole responsibility of the originator. By using the BAI Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.
DISCLAIMERS, EXCLUSIONS, LIMITATIONS AND INDEMNITY
a) Disclaimer of Warranties. THE BAI SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BAI NEITHER REPRESENTS NOR WARRANTS THAT THE BAI SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BAI AND ITS AFFILIATES, PARTNERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT BAI DOES NOT WARRANT THAT THE BAI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR BAI SERVICESS OBTAINED BY YOU FROM BAI OR THROUGH THE BAI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, BAI MAKES NO GUARANTEE THAT THE BAI SERVICES WILL BE AVAILABLE TO YOU AT ALL TIMES OR THAT THE ACCESS WILL BE AT ANY PARTICULAR BANDWIDTH RATE OR THAT YOU WILL BE ABLE TO ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE BAI SERVICES. YOU AGREE THAT BAI HAS NO RESPONSIBILITY OR LIABILITY IF YOU CANNOT ACCESS THE BAI SERVICES, OR IF AVAILABLE BANDWIDTH IS LOWER THAN EXPECTED, OR IF YOU CANNOT ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE BAI SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND BAI MAKES NO WARRANTIES RELATING TO SUCH RISKS.
b) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BAI, ITS AFFILIATES OR THEIR RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR ANY LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE BAI SERVICES, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE BAI SERVICES OR, IF NO FEES APPLY, ONE HUNDRED ($100) DOLLARS (CDN) . THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BAI SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
c) Indemnification. You agree to defend, indemnify and hold harmless BAI from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms; or (ii) the placement or transmission of any information or other materials through the BAI Services made by you or others using your account. BAI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.
a) Governing Law. Any disputes arising hereunder shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario to resolve any disputes.
b) Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE BAI SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.