Terms of Service
YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN YOU THE SERVICE PROVIDER. THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS INTERNET SITE AND THE TELECOMMUNICATIONS AND/ OR LONG DISTANCE AND INTERNET PRODUCTS AND SERVICES OFFERED. EACH TIME YOU USE THIS SITE OR THE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS MAY BE UPDATE AND CHANGED WITHOUT NOTICE TO YOU. THIS SECTION OUTLINES CONDITIONS APPLICAPABLE TO ALL SERVICES.
Use of the Site and the Service
The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If you are under the legal age of majority in the jurisdiction in which you live and wish to subscribe to the Service, please have a parent or legal guardian subscribe to the Service on your behalf.
OTA Long Distance reserves the right to suspend or terminate your account if you provide incomplete or inaccurate information at the time of registration or any time thereafter.
You agree: (i) not to do anything to interfere with other users of the Service, (ii) not to impersonate any person or otherwise misrepresent your affiliation with a person or entity when using the Service, (iii) not to use the Service in a manner which would is a criminal offense or violate the rights of any party, (iv) not to use the Service to send unsolicited messages, and (v) not to use the Service for any unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflamematory or otherwise harmful purpose.
Limitation of Liability
OTA Long Distance exercises no control whatsoever over the content that passes over OTA Long Distance's network. Use of any information obtained via OTA Long Distance, is at User's risk. Neither OTA Long Distance, nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted, like all other ISP’s.
Subscription Term
You may subscribe for the Service on either a monthly or annual basis. The Service shall be deemed to begin on the date on which OTA Long Distance activates your Service and shall end on: (i) the day before the same date in the following month for monthly subscriptions or for yearly the day before the same date in the immediately following year. Unless otherwise stated by you your subscription will automatically renew without further action by you unless you provide OTA Long Distance with written notice.
Fees – All services
OTA Long Distance reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees. All fees collected by OTA Long Distance are non-refundable unless OTA Long Distance cannot provide service to you. It is your responsibility to alert OTA Long Distance within 7 days. The first payment includes first and last month plus $10 activation fee.
Changes in registered information such as address or registered phone numbers are subject to a $10.00 move fee.
Any monthly fees may be paid using Visa, Mastercard or American Express. Annual fees may be paid using Visa, Mastercard, American Express, certified cheques or personal cheques where indicated (if subscribing to the Service over the phone). An extra $5.00 processing fee is applicable to annual payment made with a personal or certified cheque.
You are responsible for, all taxes now or enacted in the future for use of the Services.
If you are paying by credit card and 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 OTA Long Distance at once.
You must notify OTA Long Distance in writing within 7 days after receiving your credit card statement if you dispute any of OTA Long Distance’s charges on that statement or such dispute will be deemed waived. Billing disputes should directed to: Sara Bergeron, Controller, Phone: 416-848-4295, Fax: 519 885 9784, Email: administration@worldline.ca.
If paying by credit card, your initial use of the Service authorizes OTA Long Distance to charge the credit card account number on file with OTA Long Distance for fees and taxes. This authorization will remain valid until thirty (30) days after you provide OTA Long Distance with written notice of your intention to terminate your subscription to the Service
If paying by personal cheque, service will not be active nor able to be used until such time that the payment has cleared through OTA Long Distance. Paying by cheque requires the addition of $5 to first payment. Failed cheque payments will be assessed an additional handling fee.
OTA Long Distance will not be responsible for bank fees, interest charges, finance charges, over draft charges, or other charges incurred by User for exceeding credit limits or available bank account balances. If payment is declined in any form User's account will be suspended until paid.
If payment is by check, payment due dates are upon User's signup date.
Accounts in default may be subject to a minimum interest charge of 2.5% per month.
In the event that OTA Long Distance is unable to collect payment for any reason, OTA Long Distance will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended.
In very rare cases OTA Long Distance reserves the right to terminate your access to the Service by providing you with forty-five (45) days prior written notice. In such an event, OTA Long Distance may at it’s discretion refund to you a pro-rated amount of any prepaid amounts received from you based on the number of full months remaining in your prepaid term.
Accuracy of Information on the Site
OTA Long Distance strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, OTA Long Distance reserves the right correct such misprint or other error, without liability to OTA Long Distance.
Termination of use of Site and Service
OTA Long Distance reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site at anytime without notice to you.
OTA Long Distance reserves the right to restrict or terminate Service if it is abused. The following list sets out what is deemed abuse: (i) using the Service for telemarketing purposes, (ii) using the Service for crank calling or prank calling purposes, (iii) using the Service for autodialing, modem or faxing (including, fax broadcasting and fax blasting) and/or (iv) using the Service in a manner which is inconsistent with normal expected residential use of the Service.
Right to Cancel
The registered user of this service may discontinue their OTA Long Distance Service at any time for any reason with proper notice as defined below:
User must notify and provide a minimum of 30 days notice to OTA Long Distance, via telephone to cancel Service. Cancellations receive no refunds were service has been delivered.
Privacy
For information on privacy issues please see OTA Long Distance’s Privacy Policy. By accepting these Terms and Conditions of Use, you consent to our collection and use, of your personal information in accordance with OTA Long Distance’s Privacy Policy without any further notice or any liability to you or any other person.
Site and Services are Provided “As Is” and “when available”
The Site and the Service are provided on an "as is" and "when available" basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of OTA Long Distance. Security and privacy risks cannot be eliminated. We reserve the right to restrict destinations deemed to result fraudulent abuse of our network. These areas include but are not limited to 712-432-XXXX, 712-338-7XXX, 712-338-8XXX, 212-444-XXXX, 212-990-XXXX, 212-461-XXXX, 218-862-XXXX, 218-339-XXXX, 218-486-XXXX, 218-548-XXXX, 218-844-XXXX 218-936-XXXX, 218-585-XXXX, 347-677-XXXX.
Waiver of Damages and Limitation of Liability
OTA Long Distance shall not be liable for: (i) any delay or failure to provide the Service or (ii) any interruption or degradation of voice quality when you use the Service, including, without limitation, any such delay, failure, interruption or degradation caused by: (i) equipment, network or facility failure of any kind, (ii) the ISP or broadband service provider, (iii) any your acts or omissions or the acts or omissions of any other person or (iv) the act or omission of an underlying carrier, service provider, vendor or other third party.
User Information
Unless required by court order OTA Long Distance will not publish User's name and will not make such information available to third parties.
Non-transferable
The right to use the Service is not transferable.
Intellectual Property Notices
Copyright © 2004 1597541 Ontario Inc., operating as OTA Long Distance, OTA Long Distance at 55 Northfield Drive East, Suite 210, Waterloo, Ontario N2K 3TK. All rights reserved.
The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of 1597541 Ontario Inc., operating as OTA Long Distance and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service.
"OTA Long Distance", together with all associated graphics, logos, and slogans, is a trade-mark of 1597541 Ontario Inc., and may not be used or reproduced without 1597541 ONTARIO Inc.'s express prior written permission.
Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
Governing Law
These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.
Force Majeure
Neither party shall be liable for any breach of these Terms and Conditions of Use 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 labor trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.
Contact Information and Notice
If you have any questions regarding these Terms and Conditions of Use or the Site generally, please contact Sara Bergeron, Controller, Phone: 416-848-4295, Fax: 519 885 9784, Email: administration@worldline.ca or, WorldLine, 55 Northfield Drive East, Suite 210, Waterloo, Ontario N2K 3TK.
Failure to Comply With Terms and Conditions
OTA Long Distance may deny User access to all or part of the Service without notice if User engages in any conduct or activities that OTA Long Distance, in its sole discretion believes violates any of the terms and conditions in this Agreement.
Miscellaneous
User agrees to notify OTA Long Distance, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to OTA Long Distance,. |
