Terms of Service Agreement

1. Your Account
You affirm that you are at least eighteen (18) years of age. As the account holder, you are responsible for your account and the use of your password. You are responsible for all use of your account, by anyone, unless it can be conclusively proven to the satisfaction of Airnet to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, you must change your password and notify Airnet immediately.
a) Rates and Charges: the price of your service to you is as per agreed to at the time of install payable monthly in advance. You will be charged a first and last month fee and thirty-five dollar ($35.00) administration fee at time of install. In addition, there is an installation fee of two hundred and fifty dollars ($250.00) unless a twelve (12) month contract term is signed, then this fee is waived. These rates and charges may be subject to change by Airnet Wireless Inc. from time to time, by notice to you.
b) Term: you agree to subscribe to your service for an initial period of twelve (12) months at the end of which, unless you cancel your service or subscribe to a further fixed term, your service will continue on a month-to-month basis at the then applicable rate (subject to change) but, will otherwise remain subject to the terms and conditions of this Agreement. If you cancel your twelve (12) month or other fixed term contract prior to the expiration of the applicable Term, including any extensions of the Term pursuant to section 4 (Pause Service), you will be required to pay upon such early termination, the greater of two hundred and fifty dollars ($250.00) or the amount payable for the remainder of the applicable Term.
c) Email Account: you will as the account holder maintain a valid email account with us at all times to allow us to communicate with you regarding your service. This is our primary means of communication with regards to notifying you of changes and charges to your account.
2. Customer Information
You agree to notify us of any changes to your billing information, address, telephone number or service location. Account information provided by you to Airnet will be kept confidential. At no time will Airnet share your information with any Third Party, with the following explicit exclusions:
• Airnet may share part or all of the information you provide to agents or companies in the employ of Airnet to service your account. Only the information pertinent to that service will be shared; and
• Airnet may share any or all information in its possession about you and your account in an attempt to collect fees owed to us or our agents.
3. Payment
All services provided by Airnet must be paid in advance. Payment shall always be due and should be paid on the first (1st) day of each month unless your account has been prepaid for that month and any succeeding months. As Airnet has fixed fees, payment is required even if you have not received an invoice. The monthly recurring amount may vary due to data top-ups, equipment purchases, service changes etc. A twenty-five dollar ($25.00) service charge is applicable against your account for declined payments. A second attempt to draw the declined payment including the service charge will be made on the tenth (10th) day of the month. If payment is not received by the twenty-fifth (25th) day of the current service month, your account may be suspended until the full amount owed plus a twenty dollar ($20.00) reactivation fee is received by Airnet. All accounts sixty (60) days past due will be terminated for cause; a new account must be created and you will be required to pay the standard connection fees and minimum of three (3) months service in advance.
4. Pause Service
During your twelve (12) month Term, Airnet offers you the ability to pause your subscription to your service for a minimum period of thirty (30) days up to a maximum total period of six (6) months. While your service is paused, you will not have access to your service and will not be billed until your service is reactivated (subject to maximum total period of six (6) months allowable). Your service and the charges with respect thereto will resume upon the earlier of a) the date you choose to reactivate your service or b) the day after you have reached the total permissible pause period of six (6) months. You acknowledge and agree that if you choose to pause service during your twelve (12) month Term, the term will be extended by the cumulative length of any pause or pauses permitted during that Term. To pause your service, you will be required to provide Airnet with at least ten (10) business days notice of your wish to do so. To reactivate your service you will be required to provide Airnet with not less than ten (10) business days notice of your wish to reactivate your service.
5. Service Limitations
Airnet prohibits the sending of mass emails or unsolicited commercial email (also known as SPAM) via its service. Airnet prohibits engaging in any predatory activity, including but not limited to the unauthorized accessing of other internet devices or appliances, the dissemination of predatory or damaging broadcasts such as viruses, trojans, worms or other remotely activated software or hardware agents. Airnet subscribers may not engage in any activity that violates Federal or Provincial law, or violates prevailing community standards. Any Airnet subscriber engaging in this or other behaviour that poses a threat to, or damages other Airnet subscribers or Internet users, shall have their accounts terminated without notice and will forfeit any prepayments they may have paid. Users terminated for the reasons described in this paragraph will be liable for any payments due for the remainder of their fixed term, and/or any other costs payable under this Agreement and/or costs incurred by Airnet due to the misuse of the service. Subscribers may not operate for-profit enterprises over the Airnet service without the express written permission of Airnet. At no time will any subscriber or user of the Airnet service resell and/or operate commercial networking services on or over the Airnet network. Airnet cannot guarantee that all current or future internet applications can or will be supported. Please note, we do not allow Peer to Peer software on the network.
6. Airnet Equipment
Airnet will provide the necessary radio equipment to connect a single computer (if more than one computer is to be connected then the Subscriber is to supply other necessary devices, such as a wireless router or port switch) to the Airnet network and the Internet. This radio equipment is and shall remain the sole property of Airnet Wireless Inc. unless otherwise specified. If the equipment becomes inoperable due to any factory defect or failure, Airnet will replace or repair the equipment in whole or in part at its sole discretion at no cost to the subscribing account holder. However, the subscribing account holder assumes full responsibility for the operation and protection of this equipment. The agreed value of the Airnet equipment is three hundred dollars ($300.00). The subscribing account holder agrees to pay this amount to Airnet on demand should the equipment be lost or destroyed for any reason. The subscriber agrees to return the equipment at the conclusion of the contract term in good operating and undamaged condition, or pay the above mentioned value of the equipment to Airnet.
7. Service and Equipment Installation
Airnet will supply equipment, which will be installed by Airnet or its designated installers. Airnet may install IP addresses in your hardware or software for the duration of your service with Airnet. These addresses are NOT portable and remain the property of Airnet. Subscribers may not use any address that is not explicitly issued by Airnet. Any subscriber using unapproved addresses shall be in violation of section 5 (Service Limitations). Airnet is not responsible for any damage to or loss of data or software from your computer while installing, operating or maintaining Airnet services. We recommend that you backup all existing computer files by copying them to a different storage device prior to installation, operation or maintenance of any Airnet hardware or software. Airnet does not guarantee universal compatibility of its equipment. Airnet will provide support only to the Airnet Service components provided by Airnet or programmed and monitored by Airnet.  Notwithstanding the above, Airnet cannot and does not guarantee that your services will never be interrupted, unavailable, inaccessible, slowed down, unstable or limited. To the fullest extent permitted by applicable law, we make no warranties, representations, claims, guarantees or conditions, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Services, equipment or devices. You may be required to supply a wireless router, which may be programmed and monitored by Airnet. Save and except for equipment which the Subscriber is asked to provide, upon termination of your service, all equipment provided to you by Airnet in connection with your service is to be returned to Airnet in good operating and undamaged condition.
8. Subscriber Support and Help Desk
The Airnet Help Desk will provide “reasonable effort” telephone assistance during specified hours. Assistance is limited to problems in connection with service availability and other matters directly relating to the provision of the Service and equipment provided by or specifically programmed by Airnet. Without limiting the general nature of the above, the Airnet Help Desk will not address problems related to your personal hardware (e.g. gaming console connectivity, point-of-sale machines), software, third party site access or content restrictions. Airnet cannot guarantee the solution of any particular problem or Airnet service disruption. However, Airnet will make a “best effort” attempt to resolve your problem. Airnet is not liable for any service disruptions stemming from difficulties beyond the direct control of Airnet. Any disruption occurring within the control of Airnet will be resolved in the shortest period of time possible. Problems may be reported to the Airnet Help Desk outside of business hours by sending an email to techsupport@airnet.ca. To reiterate, Airnet will not provide support to or in connection with components, hardware, software or accounts, sites and/or platforms that Airnet did not provide to you or program specifically for use in maintaining your connection to the Internet and the Airnet network.
9. Content Warning
You agree that you are aware that the Airnet service provides access to Web content that is for mature audiences only and which you may find offensive. Airnet recommends that access accounts should not be used by anyone under the age of eighteen (18) unless supervised by an adult.
10. Copyrighted Material
Copyrighted material may not be downloaded without the permission of the copyright owner(s) or person(s) specifically authorized to grant such permissions.
11. No Warranty – Limitation of Liability and Damages
You expressly acknowledge and agree that all use of the Airnet service is at your own risk. Airnet makes no warranties or representations of any kind, expressed or implied for the services that are being provided. Airnet explicitly disclaims any warranty of merchantability or fitness for any purpose whatsoever. Network performance and connectivity is not guaranteed. Airnet will use reasonable efforts to ensure that those portions of the Airnet service over which Airnet has direct control are functioning properly. Airnet is not responsible for any loss you suffer, or any party claiming through or under you, as a result of use the Airnet service including, but not limited to:
• the performance of the internet;
• acts or conduct of third parties;
• acts of God or war;
• the content or accuracy of any information or data, including any software viewed,
downloaded or transmitted to or from the Internet;
• loss resulting from the viewing, downloading, purchasing or by any other means acquiring,
any material, product or service accessible through the Internet, even if you were not aware
that any such loss would be incurred; or
• loss resulting from delays, computer viruses or interruption of the Airnet service, regardless
of the cause; any losses or damages, including losses or damages to your equipment, facilities
or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery,
incorrect delivery, viruses or defects in the transmission of information or data on the
Internet.
If, despite the limitations of liability in this Agreement, Airnet is found liable in a court of law for any damages to you or any other party, it is agreed that our liability it limited to one hundred dollars ($100.00) and that we shall not be responsible for any greater amount or for any indirect, consequential, statutory, exemplary or punitive damages.
12. Indemnity
You agree to indemnify and hold harmless Airnet, affiliate corporations, all of their officers, directors, agents, employees and shareholders from all claims, damages, costs and expenses, including legal fees, which result from the use, by anyone, of your Airnet account, without limitation.
13. Compliance Measures
Airnet reserves the right to monitor any and all communications and activity through or with the Airnet service to ensure adherence to the terms and conditions of this Agreement. You agree that the Airnet service is not to be considered a secure communications medium and that no expectation of privacy is given to you or to any user of your account. Should Airnet receive a compliant, Airnet will investigate the complaint and, at its sole discretion, may suspend or terminate the account(s) involved and/or may remove any material from its servers. Customers will be notified if this is done. Airnet reserves the right to release customer information to comply with an investigation into any activity that may violate these terms, and may report such activities to the appropriate authorities. Airnet reserves the right to prohibit, remove and/or block access to any content or Internet capability, including any pages, Usenet newsgroup and/or IRC channel, at any time for any reason, including those which contain:
• hyperlinks to material Airnet deems inappropriate; and
• material which promotes or induces illegal activity
14. Termination of Service by Subscriber
You may stop using the Airnet service at any time and terminate your account by:
• by sending an email to accounting@airnet.ca; or
• contacting Airnet in writing
You will be responsible for any outstanding payments for the remainder of your contract term.
15. Termination of Service by Airnet
Airnet reserves the right, in its sole discretion to terminate your service at any time with or without notice. Without limiting the general nature of the immediately preceding sentence, Airnet is committed to providing a safe and harassment free environment for our employees and as such Airnet has a zero tolerance stance towards acts of violence, abuse and/or harassment by customers towards our employees, (including independent contractors used by Airnet). You undertake and agree that in your interaction with Airnet employees and contractors you will not harass or be violent or abusive towards them. If you are found to have harassed or been abusive or violent towards an Airnet employee or contractor, you expressly acknowledge that Airnet will be well within its right to hold you in breach of this Agreement and terminate your service with or without notice. In the event of such termination, you will remain liable for all amounts that are outstanding and that will become payable during the term of your contract.
16. Return of Equipment Upon Termination
Arrangements will be made within ten (10) days of the termination of your Service to schedule the collection of all equipment provided to you by Airnet. If equipment is lost/stolen, returned damaged or not returned to Airnet, you agree to pay the replacement or repair costs plus applicable taxes and to have your account adjusted accordingly.

Last modified June 28, 2023