Acceptable Use Policy

This is an agreement between you and Switch Incorporated (“Switch”). It sets out the terms and conditions (the "Service Terms") that apply to your use of the Internet access services and associated telecommunications services that Switch provides (the "Services"), and any equipment provided to you for use with the Services. The Services may also include related services, features or functionality provided though mobile applications. The Service Terms, together with Switch rules and policies applying to the use of the Services, form the agreement between you and Switch for the Services (the "Agreement").

By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, "you" refers to the person or business whose name appears on the bill.

Amendments to this Agreement

1. Switch reserves the right to amend any term of this Agreement, including rates and additional charges, at any time by giving 30 days notice. Switch will notify you of amendments to this Agreement by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your monthly bill or email bill notice. You are not obliged to continue using the Services after an amendment to this Agreement is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services, effective at the end of your current billing period. Cancellation fees may apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.

Your Account

2. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

3. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify Switch, by means specified on the Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to Switch, as requested, to stop and/or remedy any breach of security.

Customer Information

4. You agree that the Switch Privacy Policy, available for inspection at switch.ca/privacy, as it may be updated from time to time (the "Switch Privacy Policy"), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by Switch and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the Switch Privacy Policy and acknowledge that those purposes include the exchange of your account and usage information with other Switch companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.

By using the Services and incurring charges for such use, you authorize Switch to obtain information about your credit history from credit reporting agencies, credit grantors and other Switch companies from time to time, and consent to the disclosure of your credit history with Switch to such entities at any time.

You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with tools and services to manage your Switch account, communicate with you about account-related items on a timely basis, provide news and offers from Switch and its partners, and seek your views on Switch’ products and services.

Billing and Payment

5. Switch may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by Switch. If Switch makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to Switch.

6. The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as Switch may determine from time to time. If you use the Services through a mobile application, charges may apply for data usage under your mobility service plan.

Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless Switch correctly bills the charge within one year from the date it was incurred. In these circumstances, Switch will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.

7. You may change your Services at any time. If you received a promotional offer in exchange for maintaining a minimum level of Services, cancellation fees will apply if you downgrade below the minimum. Charges for recurring monthly Services billed prior to the cancellation will not be refunded. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at switch.ca and may change without notice.

8. All bills are due upon receipt. Bills made available through the Internet are received when they are posted. Charges not paid before the end of the grace period shown on your bill are assessed a late payment charge of 2% per month (26.82% per year), calculated from the billing date for those charges, which you must pay in addition to all other amounts owing to Switch. Administrative and collection charges may apply, in accordance with Switch rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform Switch of any change to your account information for pre-authorized payments. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. Switch may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.

9. Switch may require a security deposit from you (i) before the Services are provided, if you do not have a satisfactory credit history with Switch or do not provide other proof of creditworthiness satisfactory to Switch, or (ii) at any time this Agreement applies, if you have an unsatisfactory credit rating with Switch as a result of your payment practices, or (iii) if you clearly present an abnormal risk of loss. Switch will credit your account monthly with interest on any security deposit required by Switch, at a rate equal to the rate established on January 1 and July 1 of each year for daily interest savings accounts at a chartered Canadian bank. Switch may apply any portion of the security deposit against unpaid charges on your account at any time and, upon termination of this Agreement or where the conditions justifying the security deposit no longer apply, will refund any outstanding security deposit, with accrued interest, retaining only the amount then owing on your account.

Service Limitations

10. The Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations. Also, to ensure fair network access to all users, Switch may manage network resources using methods including, but not limited to:

• allocation of bandwidth, which may limit the availability or speed of service;
• filtering for spam and malicious content, which may occasionally result in unintended blocking of inoffensive content; and
• restricting the network access available to specific transmission protocols.

11. Final confirmation of service availability for Services high speed services cannot occur until the Services high speed equipment is installed at your premises. If such equipment is installed by a Switch installer, you hereby authorize the installer to disclose to Switch the necessary information to confirm service availability for your premises.

12. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by Switch as being necessary for access to the Services. Switch shall post such minimum system requirements on the Services Web Site or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at Switch’s sole discretion.

13. You are not permitted to operate an e-mail, web, news or other similar server through a Services account, except where such use is expressly permitted under your service plan.

14. Reverse engineering of the Services high speed service is not permitted. This means that you cannot have a higher upload than download speed.

15. Switch does not guarantee that the Services will operate with all equipment or software including, without limitation, all Internet applications and appliances.

16. You acknowledge that signal range and penetration of Services' wireless capabilities will depend on factors such as the number and density of structures as well as radio frequency interference in the networked area and the distance between the donor radio transmitter and your service location’s receive antenna. You also acknowledge that signal range and penetration of Services' WiFi capabilities will depend on factors such as the number and density of walls and ceilings in the networked area and the distance between the high speed wireless gateway and your computer(s). The high speed wireless gateway may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.

17. You acknowledge and agree that when using Services' wireless capabilities to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or Services account. You should take all appropriate security precautions when using such wireless capabilities including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. Switch shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of Services' wireless capabilities including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.

General Practices and Limits

18. You acknowledge that Switch may establish general practices and limits concerning use of the Services including, without limitation, the maximum size of any e-mail message that may be sent from or received by a Services account, the maximum disk space that will be allotted on Switch' servers on your behalf, the maximum amount of data that may be sent from or received by a Services account and the maximum number of days that e-mail messages will be stored on Switch' servers. Such general practices and limits shall be posted on the Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in Switch' sole discretion. Switch reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account, removal of content, information or materials from Switch' servers, or the imposition of additional charges (additional charges are described on the Services Web Site).

High Speed Service Installation

19. Installation options available for Services high speed service (e.g. customer self-installation, Switch installation without a network interface card ("NIC"), Switch installation with a NIC) will depend upon your Customer Access Location and your service plan. Not all installation options are available at all Customer Access Locations or with all service plans. Details regarding available installation services, including applicable fees, are posted on the Services Web Site.

20. You authorize Switch, its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services. 

21. Access to your premises will be at a time that is mutually convenient for you and Switch.

22. In no event will Switch be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the Services is missed, either by Switch or by any third party installer.

Switch Equipment

23. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of any Switch-owned high speed equipment (e.g. wireless antenna, wired/wireless gateway, bonding device, high speed modem) that has been provided for your use as part of the Services.

Customer Equipment and Software

24. The Services high speed service must be connected to a suitable NIC installed at your premises. If you are supplying and installing the NIC yourself, you must install the NIC as appropriate prior to the installation of the high speed modem or wireless gateway, as applicable. Alternatively, if you purchase the NIC along with installation of the NIC from Switch when ordering the Services, you must ensure that there is a suitable free NIC slot available in your computer prior to arrival of the Switch installer at your premises. Switch will not remove NICs from or rearrange NICs in your computer.

25. You are required to show that your computer is functioning properly prior to Switch doing any work on your computer, where applicable.

26. You agree that Switch is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the Services or from other services provided at your premises. Switch recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any Services high speed equipment or software.

27. You agree to the installation of diagnostic software on your equipment for the purposes of assisting Switch in remotely determining the cause of any service or maintenance issue, maintaining interactive communications during a diagnostic session and sending instructions to your equipment to correct improper settings, if required. You agree that Switch may install updated versions of the diagnostic software on your equipment without notice, for the same purposes.

28. The Services high speed service may interrupt the functioning of some home or business security systems which use the same phone line(s) as the Services. You agree that Switch is not responsible for any such problems or interruptions. You are responsible for ensuring that your premises are appropriately wired to ensure proper functioning of any home or business security systems, prior to installation of the Services.

29. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, Switch is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the Services.

Software Supplied by Switch

30. You agree that any and all software and documentation that forms part of the Services or that is supplied by Switch, its agents or representatives for use in connection with the Services (the "Software") is protected by applicable intellectual property laws, remains the sole property of Switch or its suppliers and is supplied subject to the terms of this Agreement including, without limitation, the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by Switch. Unless otherwise authorized by Switch or in the applicable Software license, you agree not to:

1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software;
2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software;
3. remove any proprietary notices or labels on or in the Software; or
4. allow any other person or entity to engage in any of the foregoing activities.

Support

31. The Services Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number and during the hours specified on the Services Web Site. Assistance is limited to your problems using the Services and may exclude problems related to certain equipment and software, as specified by Switch, in its discretion. You acknowledge that charges may apply to certain support services, as specified by Switch. Switch cannot guarantee the resolution of any particular problem or Services interruption.

32. You acknowledge and agree that from time to time Switch may e-mail updates and notices regarding the Services to you.

33. During the term of this Agreement, Switch will provide on-site support (including, at Switch' option, repair or replacement of equipment that is defective in material or workmanship) for all Switch-owned equipment.

Roaming

34. You acknowledge that it is possible that the access numbers used by your dial modem to connect to the Services may be telephone numbers that result in additional and/or long distance charges being billed to you. You are solely responsible for determining whether the access numbers you are using are subject to any additional and/or long distance charges and you agree to pay all such charges including, without limitation, those that may be billed to you by a third party. Switch will not reimburse you for any charges incurred by you as a result of selecting access numbers that are subject to additional and/or long distance charges. Information concerning additional and long distance charges is available on the Services Web Site.

Content Warning

35. You acknowledge that the Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. Switch recommends that minors using the Services be supervised by an adult.

Acceptable Use of the Services

36. The Services may be used only for lawful purposes. You agree that you will not:

1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam";
2. maintain a relay service open to the general public;
3. scan or probe another computer system;
4. obstruct or bypass computer identification procedures;
5. engage in unauthorized computer or network trespass;
6. engage in denial of service attacks;
7. post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component;
8. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
9. post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of Switch or any third party; such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation;
10. post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats;
11. threaten, abuse or harass any Switch customer representative;
12. otherwise violate Switch' Acceptable Use Policy at switch.ca/aup, as it may be updated from time to time;
13. use or register Switch' trade-marks, trade names, trade dress, or logos, including without limitation any such trade-marks, trade names, trade dress, or logos displayed on any web site(s) operated by Switch, without Switch' express prior written permission;
14. use or register Switch' trade-marks, trade names, trade dress, or logos, including without limitation any such trade-marks, trade names, trade dress, or logos displayed on any web site(s) operated by Switch, without Switch' express prior written permission;
15. share (except as necessary for use of your Services in a home network), resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the Services or exploit the same for any commercial purposes, except where expressly authorized by Switch; or
16. allow any other person or entity to engage in any of the foregoing activities while using your Services account.

37. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 36 above, which involves your account, you agree to immediately notify Switch and provide Switch with assistance, as requested, to stop and/or remedy such violation.

38. Without limiting any of Switch' rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, Switch may suspend, restrict or terminate your Services account without notice if, in Switch' sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 36 above. You acknowledge and agree that Switch shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

Proprietary Rights

39. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by Switch, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

40. Switch does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to Switch or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Switch or any third party, using the Services, you have thereby granted Switch a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Switch to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

41. You acknowledge that, except where otherwise specified by Switch, e-mail addresses, IP addresses and personal web page addresses assigned to you by Switch during the term of this Agreement remain the property of Switch at all times.

42. You understand that the technical processing and transmission of the Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the Services may be subject to "caching" at intermediate locations on the Internet.

Compliance Measures

43. You acknowledge that Switch has no obligation to censor or monitor use of the Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet. However, you agree that Switch has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if Switch believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

44. In the event that Switch receives a complaint relating to use of the Services by a customer, Switch may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.

45. You agree that Switch may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if Switch believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

Service Changes

46. You agree that, to maintain or improve the Services or for other business reasons, Switch may change security standards, content storage methods, e-mail addresses, minimum equipment and software requirements and any other aspect of Services delivery at any time, without notice or liability, at Switch’s sole and absolute discretion.

47. Notwithstanding the foregoing, Switch will use reasonable efforts to notify you via e-mail to your primary e-mail address, of any material changes to your Services delivery.

Disclaimers

48. You acknowledge and agree that:

1. All use of the Services is at your own risk;
2. The Services are provided on an "as is" and "as available" basis;
3. Switch does not guarantee error-free or uninterrupted operation of the Services;
4. Neither Switch nor its suppliers are responsible or liable for loss, deletion or alteration of any transmissions or data including, without limitation, any e-mail messages, for any material or data sent or received or not sent or received, or for any transactions entered into through or using the Services including, without limitation, domain name registrations, renewals and transfers;
5. Switch is not responsible or liable for any act or omission of any third party, including, but not limited to, any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including without limitation intellectual property rights;
6. Neither Switch nor its suppliers are responsible for any content that is transmitted through the networks of Switch or others or that is sent, received or accessed using the Services, by you or any third party; and
7. Switch is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of installation or maintenance of the Services.
8. The information you provide may be stored electronically on a server outside of Canada. The information will be protected with appropriate security safeguards, but may be subject to access under the laws of the foreign jurisdiction.

49. Switch makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services, any other products or services supplied under this Agreement or the networks of third parties. Switch expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.

50. The Switch web site(s) which you may visit while using the Services may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by Switch of such web sites or the information contained therein. Switch is not responsible for the contents of any such web sites and makes no representations, conditions or warranties regarding any other web sites. If you decide to access other web sites, you do so at your own risk.

Limitation of Liability

51. To the fullest extent permitted by applicable law, neither Switch nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "Switch Entities") shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Services, regardless of the cause of action, including negligence, and even if one or more of the Switch Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. If for any reason a Switch Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the Switch Entities to you or such third party is limited to the greater of $20 and the fees paid by you to Switch for the particular Services giving rise to the claim, in the three months immediately preceding the last occurrence of the damages or losses.

Without limiting the generality of the foregoing, Switch is not liable for (i) the consequences of natural catastrophes such as earthquakes, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which Switch cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by Switch’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers, (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which Switch does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over Switch’s network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with Switch’ network facilities.

Indemnity

52. You are responsible for all use of the Services, including by third parties, even if you have not authorized them to use the Services. You are responsible for controlling access to your Services account. You will indemnify the Switch Entities against any claim made by a third party in connection with their use of the Services.

You are responsible for any damages to Switch' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person whether authorized or not to be on the property or premises.

Term and Termination

53. Upon the expiry of the term of this Agreement, your Services will continue on a month to month basis until you notify Switch that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month to month service.

You may terminate this Agreement at any time by notifying Switch of the date you want the cancellation to be effective. Cancellation fees may apply. If you cancel your service or if Switch cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is cancelled. Any recurring charges that were billed at the beginning of your billing cycle or any credit balance under five Canadian dollars will not be refunded when your service is cancelled.

Switch may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due. While your service is suspended, you remain responsible for all regularly recurring charges. Switch may terminate the Services (i) immediately and without notice, where Switch determines that the action is necessary to protect the network from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from Switch, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon 30 days written notice to you.

A reconnection fee of will apply if you want the services reconnected after a suspension or cancellation of service. The fee is $75 for all reconnected Switch home services.

54. Switch shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, Switch shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all e-mail and web page addresses related to your account may be immediately deleted and/or reassigned to other customers. Switch' policies regarding handling of customer e-mails upon suspension and termination of customer accounts can be found on the Services Web Site.

55. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.

56. You agree to return any Switch-owned high speed modems, radio antennas, wireless gateways, bonding devices and associated components to a Switch approved depot within 14 days of termination of a Services high speed service account, unless otherwise directed by Switch. If you do not return such equipment in accordance with the foregoing, if such equipment is returned damaged, or if you have assigned, encumbered, sold, transferred or leased such equipment, you agree to pay a charge determined based on the Services provided, plus applicable taxes. The location of Switch approved depots can be obtained by contacting Switch by phone at the phone number specified on the Services Web Site.

Confidentiality

57. In relation to all telecommunications services provided by Switch hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by Switch regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by Switch to anyone other than you; a person who, in the reasonable judgment of Switch is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by Switch to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of Switch it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by Switch, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

Arbitration

58. Any claim, other than the collection of amounts owing to Switch, relating to (i) your Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (iv) relationships with third parties arising through use of the Services, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to Switch Incorporated, 9040 22 Ave SW, Edmonton, Alberta, T6X 1Z6, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against Switch and you agree to opt out of any class proceeding against Switch.

General

59. The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without Switch’s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of Switch to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon Switch.