Residential Internet Terms and Conditions

This document constitutes an Agreement between 1429481 Ontario Inc. o/a Pathway Communications, 95 Apple Creek Blvd., Markham, Ontario L3R 1C7, Canada, hereafter known as (“Pathway“) and the Customer identified on the Sign Up form – either via the Pathway website or other means (referred to herein as “You” or the “Customer“) who has committed to purchase Residential Internet Services from Pathway.

In consideration of Pathway opening an account (the “Account“) for the Customer to purchase and use Pathway Residential Internet Services (“Residential Internet Service“) and/or additional, Fee-Based Services used in conjunction with the Residential Internet Service (“Optional Services“) collectively referred to as “the Services“, You, the Customer, agree to abide fully by these Terms and Conditions.

The electronic, web-based, Sign-Up Form for the Services, account information, billing information, confirmation page and all Promotional Programs (for example, Referral Programs and Employee Programs) subscribed to by the Customer are incorporated, via reference, into this Agreement. In addition to representations, warranties and agreements You, the Customer, make under these Terms of Conditions, you confirm the information you have provided to Pathway is true to the best of your knowledge and that you are 18 years of age or older.

Terms and Conditions

1. General Conditions of Use

1.1. The Customer agrees to use the Services only for lawful purposes and not for unauthorised copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted (including, without limitation, software, programs, games and computer code). The Customer shall not use the Services for any purpose that is contrary to applicable laws or which is a nuisance.

1.2. The Customer agrees not to transmit, , upload or download, store, post, publish, disseminate, receive, retrieve, or provide access to information, software, files or other material which:

1.2.1. are defamatory, obscene, deemed to be child pornography or hate literature; or
1.2.2. invades the privacy of others. The Customer agrees not to undertake mass-mail broadcasts of electronic mail (email “SPAM”) or Usenet postings with the intent of sending unsolicited advertising to other users of the Internet.

1.3. The Customer will be responsible for the actions and activities of any party who uses the Services using the Customer’s name identification and password as provided by Pathway, whether or not such person used the identification and password with the Customer’s consent or knowledge.

1.4. Pathway will not be responsible for temporary interruption of Services (whether due to utility service breakdown, excessive customers, mechanical breakdown or other reasons) and the Customer will not be entitled to any refund for any temporary interruptions so long as Pathway is actively seeking to correct the problem.

1.5. Pathway will provide the Services using currently available technology and will avoid using any hardware, software or methods known to threaten Customer security. Beyond that, Pathway makes no warranties of any kind, whether expressed or implied, in relation to the accessibility, accuracy, reliability, safety or quality of the Services. Pathway does not guarantee the privacy of files or Email or the security of any computer used to access the Services. Pathway has no responsibility for any damage suffered by any person, organisation, group or entity due to loss of data, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of Pathway or those for whom it is responsible at law.

1.6. Pathway exercises no control and has no responsibility whatsoever over the information passing through the Services. Use of any information obtained through the Services is at the Customer’s sole risk and Customer assumes full responsibility for the accuracy, reliability, quality or effect of information obtained through the Services.

1.7. Pathway may, without notice, change the Terms or the Services description upon which the Services are provided (including, without limitation, changing allowed free traffic, the features included with the service, and the rules for access to the Services) so long as Pathway continues to provide regular and reasonable access to the Services for the term of this Agreement. The Current Service Agreements and Terms will be posted on the Pathway website https://www.pathcom.com.

1.8. All communications and notices between Pathway and the Customer will be conducted through E-mail unless otherwise agreed to by Pathway. All such communications and notices will be deemed received by the Customer three days after being sent by E-mail by Pathway. The Customer specifically agrees that Pathway has no obligation to send any other notice to the Customer, even in the event of default. All notices from the Customer for modifications, changes, upgrades or termination of Services will be effective only if presented to, and received by, Pathway in writing or via E-mail. Such notices sent to Pathway by the Customer must be confirmed by return E-mail by Pathway, to be effective.

1.9. Customers are responsible for ensuring they are dialing a local Toronto 416 or Hamilton 905 number to access the Internet using Pathway’s dial-up Internet service.

1.10. All Customers are subject to certain limitations on the use of Internet traffic. To protect service levels and to ensure fair availability of Internet services for all Pathway customers, Pathway will allow a quota of up to 75 Gigabytes of combined download (from the Internet to the Customer) and upload (from the Customer to the Internet) traffic free of charge each month. This amount may not be carried over to subsequent months. Pathway will, at its discretion, apply charges at a rate of $10.00 per each Gigabyte, or fraction thereof of, for traffic that exceeds this monthly free traffic quota.

1.11. FastPath Customers have unlimited access to the Internet on a 24 hr/7 day/365 day basis subject to the provisions set out herein. The Customer is prohibited from running server services, whether hardware or software based, that aim to continually provide or make available data originating from the Customer’s computer(s) to other computers on the Internet. The Customer is also prohibited from running peer-to-peer services which access or provide copyright protected information to other users of the Internet. Pathway’s system will not allow more than the contracted permitted number of log ins from a single Internet Account. In such cases access will be denied to additional log in attempts. To maximise the fair availability of the service to all Customers, Pathway reserves the right to impose session limits on continuous hours logged into the network. At Pathway’s option routers may disconnect service after 12 continuous hours of service. The Customer is free to log in again immediately after being disconnected. Pathway’s e-mail virus scanning service only scans inbound e-mail (i.e. e-mail addressed to, and not originating from the Customer), provided such inbound e-mail complies with the size and format standards required by Pathway Internet service. Should a virus be detected in the Customer’s inbound e-mail, the service will attempt to send out automated e-mail alerts and disable the virus before it is delivered to the Customer’s mailbox.

1.12. It is the sole and entire responsibility of the Customer to read and acquaint themselves of the contents of such e-mail alerts from Pathway and to deal with the e-mail, the alert and the virus in a manner which reduces or removes the possibility of damage. Pathway warrants that the inbound e-mail is scanned by software automatically and that Pathway does not read, search or otherwise access or retrieve information from the Customer’s e-mail at any time. Pathway makes no warranties of any kind relating to the effectiveness of its email virus scanning system. Pathway’s service to control unsolicited e-mail (“spam”) is based on using key-word filters and blocking inbound e-mail originating from e-mail servers that are used by senders of spam. Since the ability to block spam is determined by several factors, many of which are beyond Pathway’s control, Pathway makes no warranties of any kind relating to the effectiveness of its spam control system.

1.13. To access the Internet through Pathway Dial Up access service the Customer will dial into a Toronto 416 or Hamilton 905 number. Pathway’s Dial Up access service will not allow more than one concurrent log in from a single Internet Account. In such cases access will be denied to additional log in attempts. To maximise the fair availability of telephone lines for all Customers, there is a router enforced session limit and continuous use of dial up Services will be automatically terminated after 5 hours. The Customer is free to log in again immediately after being disconnected, and there are NO daily, weekly or monthly usage limits provided the fees for use are paid as provided in the Plan. Each additional hour of Dial Up Access will be charged at $0.99 per hour. The Customer is responsible for all long distance charges.

2. The Homenetworking Modem / Router with Optional Wireless Access and Peripheral Equipment

2.1. The Pathway Home Networking Modem/Router or the Home Networking Modem/Router with Wireless Access (the “Service Router”) is required for use of the Ligthpath, Fastpath Secure and Fastpath Homenet Services. The Service Router will always remain the property of Pathway. Customer agrees to use and maintain and protect such Service Router, and all other hardware and software delivered to Customer, in compliance with the applicable operating and power conditioning instructions provided by Pathway, its agents and/or suppliers, as applicable.

2.2. If the Service is cancelled or terminated for any reason, the Service Router, together with any other hardware delivered to Customer, must be returned at the Customer’s cost in good repair and working order. Until returned to and received by Pathway, Customers bear the entire risk of theft of, damage to or destruction of these materials. All of Customers obligations in respect of the Service Router, and all other hardware and software delivered to Customer, will survive the expiration or termination of this Service Agreement to the extent required for their full observance and performance. If the Service Router is not received within fifteen (15) days of Customer’s date of cancellation of the Service and in good repair and working order with the original packaging, an additional non-return fee of $125.00 or such other amount identified to Customer by Pathway (the “Non-Return Fee”) will apply.

2.3. The telephone filters and the USB/Ethernet Converter (the “Peripheral Equipment”) provided to the Customer from Pathway, is covered by standard manufacturers’ warranties. Should a defect occur with the Peripheral Equipment during the first month of usage, Pathway will replace the Equipment free of charge. Should a defect occur with the Equipment after the first month of usage, the Customer will be responsible for contacting the Peripheral Equipment manufacturer for service. Disassembly of, tampering with, lending out, repairing, failing to store the Peripheral Equipment in a cool, dry, and well-ventilated area or carelessness in the use of the Peripheral Equipment may nullify both Pathway’s and the manufacturer’s warranty. The Customer assumes complete ownership of the Peripheral Equipment upon full payment of set-up and shipping fees to Pathway and upon the receipt of the Peripheral Equipment from Pathway.

3. Fees and Charges

3.1. The Customers agree that the Service is provided subject to the payment of, and that the Customer shall pay, all service fees, applicable usage charges, installation and/or activation fees and other fees and charges as applicable, together with all taxes and charges, (collectively, the “Service Fees“), identified to the Customer. Such Service Fees shall be paid by the Customer upon placing the Customer an Order for the Services and on a monthly or annual basis and as applicable. The most current schedule of fees will be available at Pathway’s web site https://www.pathcom.com. The fees and charges posted on this web site do not include taxes, long distance or other applicable charges. A late payment charge at the rate of 2% per month (26.82% per annum), which rate is subject to change by Pathway from time to time, will be applied from the billing date, if payment is not been received by Pathway within 30 days of the billing date.

3.2. If there is a material increase in the cost of providing the Services (such as, by way of example, an increase in the cost of local loop or telephone line charges based on CRTC regulations or any form of tax on Internet use) Pathway may increase the charges for the Services immediately and the Customer shall pay the increased fees from and after the effective date of the increase, regardless of whether or not the Customer has a prepaid or annual Account. Failure to pay such additional amounts will constitute voluntary termination of this Agreement by the Customer as described in Section 3.

3.3. Where the Service Fees are paid monthly, the Customer will be required to pay the Service Fees using a valid Credit Card (Visa or MasterCard only) issued in the name of the Customer. Where the Service Fees are paid in advance, once per annum, the Customer may pay for the Service by valid Credit Card (Visa or MasterCard only) issued in the name of the Customer, or by cheque. By providing Credit Card information for payment of the Service Fees to Pathway, the Customer expressly authorizes Pathway to charge the Customer’s Credit Card (and any replacement Credit Card) and to collect any outstanding amounts owing or Fees owed by the Customer to Pathway.

3.4. It is Customer’s responsibility to ensure that the billing information provided to Pathway, including Customer’s address and Credit Card or other billing information, remains current at all times. Customer agrees to notify Pathway of any changes to Customer’s billing information forthwith.

3.5. On site installation is available, subject to the following:
3.5.1. The scope of work is limited to the configuration of TCP/IP, web browser, and e-mail client settings on personal computers.
3.5.2. During regular hours (8:00am to 6:00pm EST) at a rate of $100 per hour or part thereof. After regular hours, including public holidays and weekends, the rate will be $150 per hour. The minimum charge for an on-site visit is one hour.
3.5.3. Mileage for travel outside the GTA area is charged at the rate of $0.50 per km. actually travelled plus any additional actual out of pocket expenses incurred. For travel outside of the Greater Toronto Area, a 2 hour travel minimum will be levied. Travel time is billed at 75% of the applicable hourly rate.
3.5.4. Rate premiums will apply for on-site visits to offices or locations located outside of Toronto.

4. Contract Term and Commencement of Services

4.1. The Service Agreement between Pathway and the Customer will take the following form:
4.1.1. Upon Customer signup, a contract of a minimum of twelve months may not be terminated by the Customer until the completion of the term of the contract.

4.2.The Customer will have entered into a binding contract with Pathway when:
4.2.1. Customer submits an Order for subscription to the Service in the appropriate Sign Up Form on the Pathway web site, by fax, email, in person or by telephone and
4.2.2. such Sign Up Form is received, and confirmed as having been received, by Pathway via email or other form; or the Customer’s Phone Order is confirmed by email or other form

4.3. The Term of the Service Agreement between Pathway and the Customer will commence on the date of the activation of the Service by Pathway.

4.4. The Term of this Service Agreement will continue until it terminates at the end of the Term of the Agreement. The Agreement may be cancelled at the end of the Term with sixty (60) days’ written notice to Pathway by the Customer, of his/her intention to terminate the contract at the end of the Term. Unless the Agreement is specifically cancelled at the end of the term, it will automatically renew for successive periods equal to the initial Term. Should this Agreement be automatically renewed, the then-applicable contract rate will apply to the renewal Term.

4.5. Customer on monthly payment plans will be entitled to no refund for any pro-rata amounts, should they decide to terminate the Agreement before the end of the month.

4.6. Customer on contracts of a year or longer will be entitled to no refunds of pro-rata annual amounts should they decide to terminate the Agreement before the end of the contract Term. In addition, the Customer will be charged a $150 Customer Termination Charge (the “Customer Termination Charge“), as an amount representing a reasonable estimate of costs incurred by Pathway as a result of Customers early termination and not as a penalty. Pathway may waive or reduce the Termination Charge at its sole discretion, if during the Term of the Agreement, the Customer migrates to another Pathway Internet service offered by Pathway with Fees no lower than those associated with the Service which the Customer originally subscribed to and for a Term at least as long as Customer’s original Service Term.

4.7. All set-up and shipping fees are non-refundable.

4.8. Pathway, in its sole discretion may reject any order for the Service within ten (10) business days from the submission of Customers Order for the Service.

4.9. If, subsequent to the confirmation of the Order by Pathway, but prior to activation of the Service, Customer cancels the Order for Service, Customer will be charged a $150 cancellation fee (the “Cancellation Fee“). Such amount represents a reasonable estimate of costs incurred by Pathway arising out of the Customer’s failure to activate the Service.

5. Termination and Account Suspension by Pathway

5.1. Pathway will be entitled to terminate the Agreement and/or suspend the Services with no refunds to the Customer whatsoever, if Pathway discovers that:
5.1.1. Customer’s Credit Card is invalid or
5.1.2. Processing of the Service Fee via a Credit Card offered by the Customer is not authorised by the processing Financial Institution or
5.1.3. Customer’s bank account is closed or does not have sufficient funds to cover Service Fees or
5.1.4. Customer has revoked Pathway’s authorization to make Credit Card withdrawals or
5.1.5. Pathway cannot reach the Customer to obtain, confirm, revalidate or update information required to process the Customer’s Credit Card or cheque or

5.2. Upon termination or suspension of the Services, Customer will become liable for all applicable termination and other Fees.

5.3. Any Account that is more than fifteen (15) days late in any payment will be in default and is liable to be suspended or terminated pursuant to the terms of this section.

5.4. Payments made by cheque (for annual prepayments only) which are returned for Non-Sufficient Funds (NSF) or any other reason will be in immediate default and subject to an additional returned check charge (currently $45) which must be paid before the Account is made in good standing.

5.5. Pathway may, in its sole discretion, cancel, or restrict the Services or suspend the Customer’s Account (without any corresponding reduction in the Customer’s monthly Service Fees) or may terminate this Service Agreement, at any time without notice, if:
5.2.1. The operations or efficiency of the Service is impaired by the Customer or any one using Customer’s Account;
5.2.2. Any amount is past due by Customer to Pathway;
5.2.3. There has been or is a breach of any term or condition of this Service Agreement or of any document or policy forming part thereof (including without limitation the Acceptable Use Policy), by Customer or any other customer;

5.6. If Pathway terminates the Service as a result of Customers breach of this Agreement, Customer may be charged an applicable Termination Charge (as set out in Section III). In the event of an Account suspension for any of the above reasons, a service charge (in the amount of $175.00 (over and above other applicable charges) will be applied to Customer’s Account. If Customer’s Account is suspended and the outstanding problem has not been resolved within eight (8) days from the date of suspension, the Service may be discontinued, in which case the then applicable installation and/or activation fee will apply if Customer wishes to resume Customers subscription to the Service.

5.7. Pathway shall have no responsibility to notify any third party providers of services, merchandise or information of the termination or suspension of Customers Account, Service or this Service Agreement. Termination of this Service Agreement or suspension of Customers Account and Service shall not relieve Customer from any Service Fees, Termination Charge, or other fees and charges, owing or other liability accruing hereunder prior to the time that such termination or suspension becomes effective.

6. Change in Residential Telephone Service

6.1. If a change in Customers local loop or telephone service is requested from Customer’s local phone company, it is Customer’s sole responsibility to advise Pathway of the changes with a minimum of 30 days written notice before such change occurs. This includes moves, regardless of whether Customers phone number changes or not, changes to Customer’s phone number and any other changes that may occur to Customer’s local telephone service. All applicable cancellation and/or re-installation charges will be charged to, the Customers account or borne directly by the Customer.

7.1. To the extent permitted by applicable law, the Service, Service Router, Peripheral Equipment and any hardware, software or other deliverables provided by Pathway, its Agents and/or suppliers hereunder are provided “as is” and “as available” without warranties or conditions of any kind. Customers are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Pathway (the “Third Party Equipment and Services“). Pathway disclaims all responsibility for determining compatibility between the Service and any Third Party Equipment and Services. To the extent permitted by applicable law, neither Pathway nor any of its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service or any deliverable provided under this Service Agreement. The entire risk as to the availability and performance of the Service or any deliverable provided under this Service Agreement is with Customer. Further, neither Pathway nor its affiliates, agents and/or suppliers warrant that any data or files sent by or to Customer will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, that such data or files will not be intercepted, that other persons will not gain access to Customers Account, the Service, any of Customers computer equipment, or that any Content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to “caching” at intermediate locations on the Internet when being accessed through the Service.

7.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PATHWAY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

8. Limitation of Liability

8.1. In the event of any breach by Pathway, its affiliates, suppliers, or agents, including any breach of a fundamental term or any negligence, Customers exclusive remedy shall be to receive from Pathway payment for actual and direct damages to a maximum amount actually paid as per the contract terms for one month of service. Other than the foregoing remedy, under no circumstances shall Pathway, its affiliates or its agents be liable to Customer or any third party for:
8.1.1. Any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Service Agreement, including the use of the Service or access to the Internet, or any part thereof, by Customer or any other person through Customers Account, or Customers reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or
8.1.2. Any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by Customer or a third party through Customers Account infringes the intellectual property rights or contractual rights of any third party.
8.1.3. Without limiting the generality of the foregoing, Pathway, its affiliates, suppliers or agents are not liable for:
8.1.3.1. Any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Pathway does not directly serve;
8.1.3.2. Defamation or copyright infringement arising from material transmitted or received over Pathway’s or its affiliates’ facilities; or
8.1.3.3. Infringement of patents arising from combining or using customer-provided facilities with Pathway’s or its affiliates’ facilities.

9. Miscellaneous

9.1. The Agreement expresses the entire understanding between the Customer and Pathway and replaces any and all former Agreements, understanding, offers and representations relating to Pathway’s performance in connection with this Agreement and contains all of the terms, conditions, understandings, representations and promises between the Customer and Pathway.

9.2. This Agreement shall be governed by the laws of the Province of Ontario and the Customer and Pathway irrevocably agree to the exclusive jurisdiction of the courts of Ontario at Toronto.