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Customer Care


THE MOST™ ONLINE INTERNET SERVICE
TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SERVICE. BY CLICKING ON THE "I ACCEPT" BUTTON AND/OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE.

Sprint Canada Inc. ("Sprint Canada") provides you with THE MOST™ online dial up access to the Internet, THE MOST™ online Web Site including the THE MOST™ online Home Page and other THE MOST™ online content (collectively, the "Service") subject to your compliance with these Terms and Conditions. Sprint Canada may modify these Terms and Conditions at any time, including modifications of its prices for services, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. You (throughout these Terms and Conditions, "you" means you and every person you authorize to use the Service) agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

1. Rules of Conduct
While using the Service, you must at all times comply with all applicable laws. In addition, you may not:
a) impersonate another person when posting or transmitting messages;
b) choose a user name for your email address which is protected by copyright, or other intellectual property right, without obtaining permission of the copyright holder or rightholder;
c) choose a user name for your email address which is libelous, defamatory, obscene, threatening, abusive or hateful;
d) post, transmit or otherwise distribute information constituting, or encouraging conduct that would constitute a criminal offence or give rise to civil liability (including without limitation information which is libelous, defamatory, obscene, threatening, abusive or hateful) or otherwise use the Service in a manner which is contrary to law or would serve to restrict or inhibit any other user from enjoying the Service or the Internet;
e) post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component;
f) post or transmit any advertising, promotional materials or any other solicitation of other users of the Internet for goods and services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
g) post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes;
h) post or list articles which are off-topic according to the description of the newsgroup or list or send unsolicited mass e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings provoke complaints from the recipients;
i) upload, post, publish, transmit, reproduce, or distribute in any way, information or software or other material obtained through the Service which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright holder or rightholder.

2. Warning about Sexually Explicit Materials
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY OTHERWISE BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIAL AT YOUR OWN RISK. SPRINT CANADA HAS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS OR FOR ANY ACCESS TO SUCH MATERIALS WHICH MAY BE MADE USING THE SERVICE. SPRINT CANADA ENCOURAGES YOU TO TAKE AN INTEREST IN YOUR CHILD'S ACTIVITIES ON THE INTERNET AND TO LIMIT HIS OR HER ACCESS TO THOSE PORTIONS OF THE INTERNET WITH WHICH YOU ARE UNCOMFORTABLE.

3. Your Responsibilities
You are responsible for paying all charges for the Service, for maintaining a secure password and for access to your computer system.

Sprint Canada shall recognize you as the sole person authorized to accept, utilize, manage, modify or terminate the Service; provided, however, that if a person other than you is the subscriber for the local service to the telephone number through which the Service is provided, in the event of any dispute as to authority to deal with the Service, Sprint Canada will accept the local service subscriber's authority to accept, utilize, manage, modify or terminate the Service. Where such a dispute has occurred, you shall continue to be fully responsible for all charges and obligations in respect of the Service incurred up to the time (i) the Service is terminated, or (ii) the Service is assigned to and assumed by the local service subscriber with Sprint Canada's prior written consent (whereupon such local subscriber will become the subscriber of the Service). You may not resell the Service to third parties.

4. Billing and Payment
If you subscribe to Sprint Canada's long distance services, you will receive one invoice for both this Service and the long distance service and that invoice will be payable in accordance with Sprint Canada's standard Voice Services Terms and Conditions (a copy of which is available upon request). Any security deposit requirement made in connection with your long distance service will also apply to this Service. If you are not currently a Sprint Canada long distance customer, you will be billed monthly to the credit card designated by you upon signing up for the Service. In either case, you will be billed in arrears and your monthly payment will include, and you will be responsible for, any applicable provincial and federal taxes. In either case, your account will be automatically renewed on a month-to-month basis unless terminated by either party.

Invoiced amounts are due on the due date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the date of the invoice at the rate of 1.5% per month (19.56% per annum), or such other rate as Sprint Canada may set from time to time. Payment which is mailed to Sprint Canada will be credited within 48 hours of actual receipt by Sprint Canada. You should allow at least 10 days for mailed payments to be received by Sprint Canada and should not send cash in the mail. Sprint Canada shall have no responsibility whatsoever for amounts which are mailed by you, but not received by Sprint Canada. If your payment by cheque is returned for insufficient funds, or is otherwise not processed for payment, you will be charged $15.00 on each occasion when a cheque is returned or not processed.

Subject to applicable Sprint Canada promotions, charges for the Service will commence as of the date of the completion of your registration as a user of the Service. Any incomplete months of Service use will be prorated for billing purposes.

5. Equipment
The computer equipment required to access and use the Service may change from time to time. You understand and acknowledge that it is your own responsibility to ensure that your computer system meets the current minimum requirements stated by Sprint Canada as being necessary to use the Service. Accordingly, should your computer equipment no longer be adequate to access the Service, you have to upgrade and/or replace your equipment at your own cost and expense. You expressly agree and acknowledge that should you decide not to upgrade and/or replace your computer equipment, your sole recourse will be the cancellation of these Terms and Conditions as and from the date of your notice as provided in Section 18 below.

6. Use of Service and Access to Service
You expressly acknowledge and agree that the use of the Service is at your sole risk, and in particular, but without limiting the generality of the foregoing, neither Sprint Canada nor any of its information providers, licensors, employees or agents warrant that the Service will be uninterrupted or error-free; nor does Sprint Canada or any of its information providers, licensors, employees or agents make any warranty or representation as to the results to be obtained from the use of the Service. The Service and any deliverables provided by Sprint Canada or those for whom it is responsible in law are provided "as is" and "as available" without warranties or conditions of any kind. In addition, you expressly agree and acknowledge that neither Sprint Canada nor any of its affiliates warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted or that other users will not gain access to any of your computer equipment, or that any Sprint Canada content, or other materials accessible on the Service is free of viruses or other harmful elements or components. Finally, local access to the Service is available in selected areas in Canada, as determined by Sprint Canada. If you dial up to the Service outside of those selected areas, you will be responsible for all applicable long distance charges.

THERE IS NO EXPRESS OR IMPLIED WARRANTY OR CONDITION, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WITH RESPECT TO ANY OF THE SERVICE, PRODUCT OR EQUIPMENT PROVIDED BY SPRINT CANADA HEREUNDER OR WITH RESPECT TO ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED ON THE INTERNET.

7. Service Interruption
Sprint Canada may suspend service at any time for any duration of time, without penalty or liability to itself, where necessary to prevent improper or unlawful use of the Service, facilities, connections or Sprint Canada's network. You agree that it may be necessary to temporarily suspend service for technical reasons or to maintain the network, equipment or facilities. Sprint Canada shall have no liability whatsoever in connection with any such suspension of service or for the termination of the Service by Sprint Canada, pursuant to these Terms and Conditions for non-payment of amounts or deposits due, for unlawful or improper use of facilities or the Service by you, for your inability to access the Service, or for any other reason.

8. Email Attachments and Storage
Email attachments are limited to 3 megabytes per message. Your total email storage using the Service is limited to 10 megabytes or 1000 messages in your mailbox

9. Customer Privacy and Confidentiality
Sprint Canada has created a Privacy Policy to protect Customers' personal information. Personal information is information about you, an identifiable individual. It includes data about the Sprint Canada products and services you use and how you use them. It does not include information listed in public directories or available through directory assistance, such as a your name, address, telephone numbers or electronic addresses.

Sprint Canada collects personal information for some of the following reasons:
1. to establish and maintain responsible commercial relations with you and to provide you with ongoing service and offers;
2. to understand your needs and preferences;
3. to develop, enhance, market or provide products and services;
4. to manage and develop business and operations, including personnel and employment matters; and
5. to meet legal and regulatory requirements.

Sprint Canada does not provide or sell personal information about you to any outside company for marketing or solicitation purposes, except with your explicit permission. Sprint Canada does not use or disclose personal information for purposes other than those for which it was collected, except with your consent unless required by law, or in an emergency.

Personal information is only retained as long as necessary or as required by law. To offer better service, Sprint Canada may disclose your information on a confidential basis. Please review our Privacy Policy to learn more about Sprint Canada's use of information.

Sprint Canada's Privacy Policy means that you have control over your personal information and how it is disseminated. You may remove your name from marketing lists at any time. While these lists are meant to inform you of relevant and beneficial products, services or offers, it is your right to have your name removed on request. You also have the right to refuse to provide personal information or withdraw your consent for its collection, with reasonable notice and subject to any legal or contractual restrictions. However, you acknowledge that Sprint Canada's ability to provide service may be limited.

You may review or obtain a complete copy of Sprint Canada's Privacy Policy to understand how your personal information is collected, used, disclosed and retained by visiting "Privacy Policy" at the bottom of THE MOST™ online's opening page or by calling our Privacy Hotline at 1-877-251-6716.

Additional information and a copy of the federal privacy legislation is available through the Privacy Commissioner of Canada's website at www.privcom.gc.ca.

10. Privacy and Security
Sprint Canada cannot ensure or guarantee privacy for users of the Service. It is therefore recommended that the Service not be used for the transmission of confidential information, including credit card information. Any such use shall be at the sole risk of the user, and Sprint Canada and its affiliates and related companies shall be relieved of all liability in connection therewith.

11. Buying over the Internet
When making purchases or other transactions using the Service or the Internet, you may be asked by the merchant or information or service provider to supply certain information, including credit card or other means of payment. Sprint Canada is in no way responsible for any charges you incur when making purchases or other transactions in this manner.

12. Monitoring
Sprint Canada has no obligation to monitor the Service. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Sprint Canada. Sprint Canada cannot and does not screen content provided by users of the Service. However, you agree that Sprint Canada has the right to monitor the Service electronically from time to time to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Sprint Canada will not intentionally monitor (except for testing or security protection purposes) or disclose any private electronic email message unless required by law. Sprint Canada reserves the right to refuse to post or to remove any information or materials, in whole or in part, or to refuse to permit access to web sites that, in its sole discretion, are unacceptable, undesirable, or otherwise in violation of these Terms and Conditions and/or applicable law.

13. Customer Records
You authorize Sprint Canada to collect from any party and to retain all relevant information relating to your use of the Service, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Sprint Canada to the contrary by emailing us, you further authorize Sprint Canada to disclose, on a confidential basis, to any party with whom Sprint Canada has business relations all relevant information relating to your dealings with us and the Service.

14. Relationship
The relationship between you and Sprint Canada is that of independent contractors, and you do not have, nor may you hold yourself out as having, any authority to act for or create any obligation of, or make any representation on behalf of or in the name of, Sprint Canada. You shall not use, in any manner or circumstances whatsoever, Sprint Canada's or Sprint Communications Company L.P.'s trade-marks, trade names, logos or designs owned or licensed by Sprint Canada.

15. Price of the Service
The price of the Service is set out in THE MOST™ online Web Site and is subject to change without notice.

16. License to Sprint Canada-provided Software
Your right to use the Sprint Canada-provided software, including any updates, new editions or versions provided by Sprint Canada, shall be subject to those terms and conditions set out in Sprint Canada's software license agreement. You acknowledge receiving a copy of that license agreement with a copy of the Sprint Canada-provided software.

17. Recourse
If you are dissatisfied with the Service, your access to the Service, or with any terms, conditions, rules, policies, guidelines or practices of Sprint Canada in operating the Service, your sole and exclusive remedy is to cancel your use of the Service.

18. Your Right to Cancel
You may cancel the Service upon notice to Sprint Canada. In order to cancel the Service, you must call Sprint Canada Customer Service at 1-800-980-5464 or send your notice in writing by e-mail to accounts@sprint.ca or by fax or mail to the attention of Sprint Canada Customer Service at P.O. Box 428, Station Don Mills, North York, Ontario, M3C 2S7, fax number 1-800-269-8143. Cancellations will be effective within 48 hours of Sprint Canada's receipt of your cancellation notice. If you cancel the Service during a billing period, your charges will be prorated for the last month of the provision of the Service.

19. Sprint Canada's Right to Cancel
Sprint Canada may cancel its provision of the Service to you at any time without notice at its sole discretion. Without limiting the previous sentence, if you modify, alter, reverse engineer, decompile, disassemble or create derived works based on, Sprint Canada proprietary network protocols or Sprint Canada-provided software, you will have abused the Service and Sprint Canada will have the right to immediately terminate your account, without limiting any recourse Sprint Canada may wish to take against you in respect of such infringing and illegal activity. If Sprint Canada cancels the Service in this way during a billing period, your charges will be prorated for the last month of the provision of the Service. Finally, all user names used in conjunction with the Service remain the property of Sprint Canada and Sprint Canada may, at any time at its discretion, require you to change your user name.

20. Limitation of Liability
Neither Sprint Canada nor anyone else involved in creating, producing or delivering the Service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Service or inability to use the Service, even if such damages were reasonably foreseeable or notice of such damages was given.

21. Indemnification of Sprint Canada
You agree to indemnify and hold Sprint Canada harmless from any claims, including fees for counsel, resulting from your use of the Service which cause direct or indirect damage or harm to another party.

22. Enurement/Assignment
These Terms and Conditions between you and Sprint Canada are binding upon and shall enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without Sprint Canada's prior written consent.

23. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

24. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province in which your designated billing address is situate, and the federal laws of Canada applicable in such Province. The Service originates in Canada.

25. Language of Terms and Conditions
These Terms and Conditions are available in French at your request. Les présentes Conditions générales sont disponibles en anglais sur demande.

26. Entire Agreement
These Terms and Conditions represent the complete agreement and understanding between you and Sprint Canada with respect to the Service and supersede any other written or oral agreement.

Note: Product names and terms used throughout these Terms and Conditions are registered or pending trade-marks of, or are licensed by, either Sprint Canada Inc., Call-Net Enterprises Inc., or their affiliates. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.

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