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ACCESS TO AND USE OF THE WEB SITE
TRADE-MARKS AND COPYRIGHTS
LICENSE TO MTS
PURCHASE OF PRODUCTS OR SERVICES FROM MTS
LIMITATION OF LIABILITY
INDEMNITY
MISCELLANEOUS
GLOSSARY
THE MTS.CA WEBSITE AND ALL MTS CONTROLLED WEB SITES TO WHICH THIS SITE LINKS (COLLECTIVELY REFERRED TO AS THE "WEB SITE") IS OWNED OR CONTROLLED BY MANITOBA TELECOM SERVICES INC. THIS PAGE IS THE AGREEMENT STATING THE TERMS AND CONDITIONS UPON WHICH YOU MAY USE THIS WEBSITE. PLEASE READ IT CAREFULLY BEFORE ACCESSING AND/OR USING THE WEB SITE. ACCESS TO AND/OR USE OF THE WEB SITE WILL CONSTITUTE YOUR EXPRESS AND UNCONDITIONAL AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE WEB SITE.
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Parties - This Web Site Access and Use Agreement (the "Agreement") is between you and Manitoba Telecom Services Inc. on its own behalf and on behalf of the MTS Group of Companies (collectively, "MTS").
Right of MTS to Change Agreement - MTS reserves the right, at its sole discretion from time to time, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time and such modifications shall be effective immediately upon posting of the modified Agreement on the Web Site. You agree to review this Agreement periodically to be aware of such modifications and your continued use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement.
Right of MTS to Change, Discontinue or Restrict Access to Web Site - MTS, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or Content and may terminate this Agreement at any time. MTS may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. MTS reserves the right, in its sole discretion, to correct any errors or omissions in any part of the Web Site.
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ACCESS TO AND USE OF THE WEB SITE
Right of Access - This Agreement provides you with a non-exclusive grant of access to and use of the Web Site and the Internet links contained on the Web Site at the sole will and discretion of MTS and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.
Not a License - This Agreement is not a transfer or a license of any of MTS's rights or its Content or the Content of third parties displayed on or accessed through the Web Site.
Links and Pointers - The Web Site may contain hypertext links and pointers to other Internet sites and resources operated and controlled by parties other than MTS. Links to and from the Web Site to such third party sites do not imply or constitute an endorsement by MTS of any third party Content. Further, when you click on links and/or ad banners that take you to a third-party web site, you will be subject to the policies of the third-party web site and any applicable agreement posted thereon. MTS will not be responsible for the actions of third parties. You should read the posted policies and agreements whenever interacting with any web site.
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No Unlawful or Prohibited Use of the Web Site - You represent, warrant and covenant that you shall not upload, post or transmit to, or distribute, or otherwise publish through the Web Site any Content which: (i) restricts or inhibits any other user from using and enjoying the Web Site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trade-mark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful or destructive elements; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising of any kind; or (viii) constitutes or contains false or misleading indications of origin or statements of fact.
Use by MTS of Personal Information - You acknowledge that MTS collects, uses and discloses personal information for the identified purposes set forth in the MTS Code of Fair Information Practices (the "MTS Privacy Code"). From time to time, you may choose to submit Personal Information to MTS through this Web Site. By submitting such information, you consent to collection, use and disclosure of such information in accordance with the principles set forth in the MTS Privacy Code. For details concerning the MTS Privacy Code, please click here. MTS may use a browser feature called a "cookie" to store some information about users of the site. Cookies, by themselves, cannot be used to disclose the individual identity of any site user. A cookie identifies your browser, but not you, to servers when you visit our site. Unless you specifically tell us, we will not know who you are, even though we assign your browser a cookie. You can usually change your browser to prevent the automatic acceptance of cookies. If you opt not to accept cookies, you may not be able to use some of the features on the mts.ca web site.
Disclosure by MTS of Information - MTS reserves the right at all times to disclose any information, including Personal Information, provided by you as necessary to satisfy any law, regulation or government request, in accordance with the MTS Privacy Code and/or applicable law.
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No Representation or Warranties by MTS - You agree that the Web Site, including all Content, software, functions, materials and information made available on or accessed through the Web Site, is provided to you at your own risk for your personal non-commercial use and on an "as is, as available" basis. To the fullest extent permissible by law, MTS makes no representations, endorsements or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to MTS, the Web Site, or any Content, merchandise, information or service provided through the Web Site or on the Internet generally or the functions made accessible by any software used on or accessed through the Web Site, or any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the Web Site or any linked site. MTS does not warrant that the Web Site, the functions contained in the Web Site or any Content contained therein will be uninterrupted, error free or that defects will be corrected.
Financial Reports - The reports filed by Manitoba Telecom Services Inc. with securities regulatory authorities and listed on this Web Site and/or linked to this Web Site are provided as a service only, do not constitute official versions of such documents and speak only as of the respective dates on which they are filed or used by MTS. The contents of those reports can become out-of-date. Manitoba Telecom Services Inc. makes no commitment, and disclaims any duty, to update any of those reports.
Computer Viruses - While MTS makes reasonable efforts to ensure that all materials and services provided on this Web Site do not contain computer viruses, you are responsible to take the appropriate precautions to scan for computer viruses and to ensure that you have a complete and current back up of the applicable items contained on your computer system.
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TRADE-MARKS AND COPYRIGHTS
Content Protected by Copyright - All Content displayed on the Web Site and the compilation (meaning the selection, collection, arrangement and assembly) of all Content on the Web Site is protected by copyright and other intellectual property laws under Canadian and foreign law. Where not otherwise indicated, all of the Content displayed on the Web Site is owned or controlled by Manitoba Telecom Services Inc, P.O. Box 6666, MP19A-333 Main Street, Winnipeg, Manitoba, R3C 3V6, All Rights Reserved or copyright of our Content providers, as the case may be.
Limits on Use - The Web Site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, video tape, audio tape, create derivative works from, transfer, reverse engineer, or sell any Content, information, software, products or services obtained from the Web Site by any means whatsoever without the prior written consent of any applicable copyright holders. If no specific restrictions are displayed, you may make copies of or download select portions of the Content for your own personal use or the purposes of placing an order for products and/or services, provided you maintain any notices contained in the Content such as copyright notices, trade-mark legends, or other proprietary rights notices. Unless otherwise specified, no person has permission to download, display, post, record "mirror", duplicate, copy, retransmit, redistribute, commercially exploit, reverse engineer, reproduce or republish any part or aspect of this Web Site in any form, or any information found at this Web Site, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise. In addition to the foregoing, any use of software available on this Web Site shall be governed by the software license agreement accompanying the software.
Proprietary Marks - The trade-marks, logos, service marks and other names and icons identifying products and services on the Web Site are protected by copyright, trademark and other applicable intellectual property and proprietary rights laws and are owned, controlled and/or licensed by MTS. Nothing contained on the Web Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or other names including, but not limited to, those identifying MTS or its respective products and services displayed on the Web Site, without the express written consent of MTS or such third party that may own such trade-marks, logos and other names displayed on the Web Site.
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LICENSE TO MTS
License to MTS in Communications - By posting messages, uploading files, inputting data, or engaging in any other form of communication (the "Communications") through the Web Site, you are granting MTS a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: use, copy, sublicense, adapt, distribute, reproduce, modify, edit, transmit, publicly perform or display any such Communications or otherwise fully exploit such Communications in all media now known or hereafter developed; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communications. The foregoing grants shall include the right to exploit any proprietary rights in such Communications, including but not limited to rights under copyright, trade-mark, servicemark or patent laws under any relevant jurisdiction.
Waiver of Rights Against MTS - You hereby waive all rights to any claim against MTS for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications.
Communications not Confidential - You acknowledge that Communications involving the Web Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to MTS, no confidential, fiduciary, contractually implied or other relationship is created between you and MTS other than
- pursuant to this Agreement;
- pursuant to an existing agreement; or
- where the purpose of the Communication was to order products and/or services, pursuant to the agreement for such products and/or services.
Please note that while MTS has employed certain security features to protect your Personal Information while sending Communications or ordering products and services through the Web Site, MTS cannot guarantee that information you voluntarily disclose and send on this medium will be kept private. MTS takes no responsibility for your use of the Internet to send Personal Information to MTS or any other party.
Monitoring - MTS has no obligation to monitor the Web Site. However, you agree that MTS has the right to monitor the Web Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect itself or its customers. MTS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
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PURCHASE OF PRODUCTS OR SERVICES FROM MTS
Tariffed Products and Services - All MTS products and services for which the Canadian Radio-Television and Telecommunications Commission has approved a tariff are subject to the Terms of Service which are available at the front of the local white pages, or can be accessed by clicking here.
Non-Tariffed Products and Services - All MTS products and services for which the Canadian Radio-Television and Telecommunications Commission has not approved a tariff are subject to the Terms of Service for unregulated services which can be accessed by clicking here.
General Warranty Disclaimer - Unless otherwise specified in the contract with respect to same, all goods and services that may be ordered from this Web Site are provided "as is" and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are denied and disclaimed. Except where specified, all goods and services that may be ordered from this Web Site are for consumer end use only. Except as otherwise expressly agreed, MTS makes no representations, warranties, covenants or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content of this Web Site, or any goods or services that may be provided or sold in any connection with this Web Site. Any representations, warranties or covenants with respect to any goods or services referred to in this Web Site shall be subject to, governed by, and as stated in the applicable contract and terms of service (regulated or unregulated) governing the provisions of same.
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Buying over the Internet - When making purchases or other transactions through this Web Site or the Internet, you may be asked by MTS or the merchant or information or service provider to supply certain information to identify you, your credit worthiness or other identifying information. You agree that all information you choose to provide MTS, any merchant or information or service provider through the Web Site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases made on the Web Site. MTS is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
Availability - Information provided on the Web Site may contain references or cross references to products and services that are not available in your local area. MTS makes no representations or warranties as to the availability of such products and services in your local area and such references to not imply that MTS intends to provide such products or services in your local area. MTS recommends that you consult with your nearest MTS business office or retail outlet for information regarding the products and services which may be available to you in your local area.
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LIMITATION OF LIABILITY
NO ENDORSEMENT BY MTS OF INTERNET INFORMATION - YOU UNDERSTAND THAT MTS DOES NOT OPERATE, CONTROL, OR ENDORSE ANY INFORMATION, PRODUCTS OR SERVICES ON THE INTERNET IN ANY WAY NOR DOES MTS REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT ACCESSED FROM ANY THIRD PARTY SITE THAT MAY BE ACCESSED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR CONTENT SHALL BE AT YOUR SOLE RISK. YOU AGREE THAT MTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER CONTENT. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU, THAT YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK AND THAT MTS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
NO LIABILITY - YOU AGREE THAT IN NO EVENT WILL MTS, OR MTS'S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR: (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR ANY CONTENT OR TRANSACTIONS ENTERED INTO ON THE WEB SITE, EVEN IF MTS, ITS AFFILIATES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE AND/OR CONTENT, MATERIALS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE; OR (III) ANY INJURY, SICKNESS, DISEASE, DEATH, DAMAGES, CLAIMS, OR LIABILITY ARISING OUT OF OR ATTRIBUTABLE TO THE USE BY ANYONE OF THE WEB SITE OR OF ANY HARDWARE, INCLUDING ANY TELEVISION SET, MONITOR, OR SCREEN, FOR THE PURPOSE OF ACCESSING AND/OR VIEWING THE WEB SITE.
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INDEMNITY
YOU UNDERTAKE AND AGREE TO ENSURE THAT YOU AND ALL PERSONS YOU AUTHORIZE TO USE THE WEB SITE HAVE READ AND WILL COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ACTIONS WHICH ARE IN CONTRAVENTION OF THIS AGREEMENT OR ANY APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MTS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO THE WEB SITE, INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU, BY ANY PERSONS ALLOWED BY YOU TO ACCESS THE WEB SITE OR BY ANY OTHER PERSON ACCESSING THE WEB SITE OR SERVICES PROVIDED PURSUANT TO THE WEB SITE USING YOUR IDENTIFICATION OR PASSWORD (WHERE APPLICABLE). THE PROVISIONS OF THIS PARAGRAPH ARE FOR THE BENEFIT OF MTS AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS. EACH OF THESE ENTITIES OR INDIVIDUALS SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THESE PROVISIONS DIRECTLY AGAINST YOU ON ITS OWN BEHALF. MTS RESERVES THE RIGHT, AT ITS OWN RISK, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER, AND IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION FOR SUCH MATTER.
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MISCELLANEOUS
Severability - If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction - This Web Site (excluding linked web sites) is owned or controlled by Manitoba Telecom Services Inc. from its offices within the Province of Manitoba, Canada. This Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Manitoba, by accessing this Web Site, you agree that all matters relating to access to, or use of, this Web Site, shall be governed by the applicable laws of the Province of Manitoba and of Canada, without regard to the conflicts of laws principals thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Manitoba or, where applicable, the Federal Court of Canada in connection with any dispute or claim involving you, MTS, or the Web Site. You hereby acknowledge that you do so voluntarily and are responsible for complying with local laws.
No Solicitation - This Web Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
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Territory - This Web Site originates in Canada.
Contests - Any contests or promotions offered by the Web Site whereby a user may become eligible to win a prize are not open to residents of the Province of Quebec.
Assignment - MTS may assign its rights under this Agreement and its ownership of the Web Site or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.
No Waiver - No failure or delay by MTS in exercising any right, power or privilege as provided in this Agreement or at law shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other further exercise thereof or the exercise of any other right, power, or privilege. MTS's rights and remedies hereunder are cumulative and not exclusive of any rights or remedies otherwise provided at law.
Headings - The headings and sub-headings given to portions of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement.
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Modification by MTS - This Agreement, as modified from time to time by MTS, including any links referred to in and forming an integral part of this Agreement, shall constitute the entire agreement between MTS and you and any of your users of the Web Site.
Printed Version of Agreement - A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by MTS.
Currency - All prices quoted on this Web Site are in Canadian Dollars.
Survival of Certain Sections - The sections of this Agreement appearing under the headings "No Representations or Warranties by MTS", "Trade-marks and Copyrights", "License to MTS", "Limitation of Liability", "Indemnity", "Miscellaneous" and "Glossary" shall survive the termination of this Agreement.
Notices - Notices by MTS to you may be given by means of electronic message through email or by a general posting on the Web Site.
Language - The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
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GLOSSARY
The following is a glossary of terms used in this Agreement:
"Agreement" means this agreement as it may be amended from time to time by MTS.
"Content" means text, HTML code, JAVA code, images, audio clips, information, documents, communications, software, pictures, video, graphics, music, sounds and other materials and services, regardless of its source.
"Internet" means the world-wide network of computer networks that are connected to each other using specific protocols, which provide for file transfer, electronic mail, remote log in, data base access, and other services.
"MTS Group of Companies" includes Manitoba Telecom Services Inc. and its wholly owned subsidiaries including MTS Allstream Inc. and AAA Alarm Systems Ltd.
"You", "you", "Your" or "your" means the person who enters into this Agreement with MTS by use of the Web Site and who is ultimately responsible for all activities with respect to use of the Web Site.
"Personal Information" means information about an identifiable individual including, but not limited to, name, physical address, e-mail address, birth date, gender and such other similar information as may be appropriate or required by specific circumstances. It does not include the name, title, business address or telephone number of an employee of an organization.
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