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WELCOME TO THE BELL CANADA ("BELL") BELL HOSTED MICROSOFT EXCHANGE
SERVICE. READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.
YOUR (AND YOUR SPONSORED USERS) (COLLECTIVELY REFERRED TO AS "YOU") USE
OF THE BELL HOSTED MICROSOFT EXCHANGE SERVICE (THE "BELL SERVICE") IS
SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
PART A - TERMS AND CONDITIONS
1. Acceptance. In addition to any other indication of your acceptance of
these, by accessing or using any of the Services, you agree, without
limitation or qualification, to be bound by these terms and conditions
and such other additional or alternative terms, conditions, rules and
policies which are displayed or to which you may be directed in
connection with the Service, as all of the same may be modified by BELL
from time to time (collectively the "Terms and Conditions"). Please note
that the Terms and Conditions may be updated from time to time without
notice to you, so please check back periodically.
2. Privacy. For information on how user information is collected, used
and disclosed by BELL, please click on our Privacy Policy link to Bell's
Privacy Policy. Notwithstanding such policy, you authorize Bell to share
your name, address and postal code with any licensor to Bell (including
Microsoft Corp. and its Affiliates) in order to comply with any
licensing arrangement between Bell and such licensors.
3. Registration, Accounts and Passwords. You agree to provide accurate
and current information about yourself as required by the relevant
registration process, and to promptly update such information as
necessary to ensure that it is kept accurate and complete. You agree to
be responsible for: (a) maintaining the confidentiality of any passwords
or other account identifiers which you choose or are assigned as a
result of any registration for the Service, and (b) all activities that
occur under such password or account. Further, you agree to notify BELL
of any unauthorized use of your password or account. BELL shall not be
responsible or liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in connection with,
your failure to comply with this Section 3.
4. Rules and Conduct. In consideration of the availability, and your
use, of the Services, you agree not to:
a. post, transmit, link to, or otherwise distribute any information
constituting or encouraging conduct that would constitute a criminal
offense or give rise to civil liability, or otherwise use the Services
in a manner which is contrary to law or would serve to restrict or
inhibit any other user from using or enjoying the Services or the
Internet;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal
rights of others, including without limitation, rights relating to
privacy and publicity;
c. post, transmit, link to, or otherwise distribute any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful material
or information;
d. post, transmit, link to, or otherwise distribute any information or
software which contains a virus, cancelbot, trojan horse, worm or other
harmful or disruptive component;
e upload, post, publish, transmit, reproduce, link to or otherwise
distribute in any way, information, software or other material obtained
through the Services, or any derivative work thereof, which is protected
by copyright, or any other intellectual property right, without
obtaining permission of the copyright owner or rightholder;
f impersonate or falsely represent your association with any person,
including a BELL representative; and
g. use, reproduce, sell, resell or otherwise exploit the Services for
any commercial purposes.
5. Monitoring. You acknowledge that BELL has no obligation to monitor
the Service or any content, products or services (collectively,
"Content") accessible through the Services. However, you agree that BELL
has the right to monitor the Services electronically from time to time
and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the Services
properly, or to protect itself or its users in accordance with BELL's
Privacy Policy. You understand that by using the Services, you may have
access to Content which may be offensive or objectionable to you. Under
no circumstances shall BELL be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a
result of, or in connection with, any use of, or access to, any such
Content.
6. Dealings with Third Parties. You acknowledge and agree that your
correspondence or business dealings with any third parties, including
any merchants or advertisers, found on, or through, the Services,
including payment for and delivery of related goods and services, and
all other terms, conditions, representations and warranties related to
such dealings, are solely as between you and such third parties. BELL
assumes no responsibility whatsoever for any charges you or any user of
your account incurs when making purchases or other transactions in this
manner. Further, the responsibility for ensuring compliance with all
applicable laws in connection with any such transactions shall be yours
alone. You agree that BELL shall not be responsible or liable, directly
or indirectly, in any way for any loss or damage of any kind incurred as
a result of, or in connection with, any of such dealings or
transactions.
7. Fees. You hereby agree to pay all charges to your account, including
applicable taxes, in accordance with billing terms in effect at the time
the fee or charge becomes payable. Bell reserves the right to change the
amount of, or basis for determining, any fees or charges for services we
provide, and to institute new fees, charges, or terms at any time.
Services will renew on a monthly basis at the then current fee or charge
unless you provide to your Bell representative canceling your
subscription. Monthly subscriptions will terminate at the end of the
then current month after receiving notice of cancellation from you.
8. User Content. In respect of any and all content you elect to store
using the Service, you grant BELL a world-wide, royalty-free,
nonexclusive, and restricted license to use, transmit, publicly display
and perform such content solely to provide the services herein. Such
license shall apply with respect to any form, media, or technology now
known or later developed. You warrant that any moral rights that may
exist in connection with content that you elect to post have been
waived. With respect to any and all content you elect to store or
transmit using the Services, you agree that BELL may preserve and
disclose any content associated with your account where required to do
so by law or where such preservation or disclosure is reasonably
believed by BELL to be necessary to ensure compliance with the law,
enforce the Terms and Conditions or protect the rights and interests of
BELL or any other person.
9. Service Modifications. You acknowledge and agree that BELL reserves
the right at any time to modify or discontinue any of the Services with
or without notice to you, and that BELL will not be responsible or
liable, directly or indirectly, to you or any other person in any way
for any loss or damage of any kind incurred as a result of, or in
connection with, any such modifications or discontinuance.
10. Termination. You acknowledge and agree that BELL, in its sole and
absolute discretion, may, without notice to you, suspend or terminate
your account or your use of, or access to, any of the Services, and
remove and discard any information or content related to such Service
(and your use thereof), for any reason, including where BELL believes
that you have violated any of the Terms and Conditions. You further
agree that BELL shall not be liable to you or to any other person as a
result of any such suspension or termination. If you are dissatisfied
with the Services or with any terms, conditions, rules, policies,
guidelines, or practices of BELL in operating the Services, your sole
and exclusive remedy is to discontinue using the Services. BELL shall
not be required to refund to you any amounts prepaid for use of any
Services.
11. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
THAT BELL MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in
this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH
WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) BELL SPECIFICALLY
MAKES NO WARRANTIES THAT THE SERVICES, INCLUDING ANY CONTENT,
INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF
THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL BELL, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS,
SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER BELL
HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO
USE OR PERFORMANCE OF ANY OF THE SERVICES, OR (B) ANY UNAUTHORIZED
ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR
(C) ANY OTHER MATTER RELATING TO THE SERVICES, REGARDLESS OF WHETHER ANY
OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR
FAILURE OF ESSENTIAL PURPOSE.
13. Indemnity. You agree to defend, indemnify and hold BELL, its
affiliates, suppliers, co-branders and other partners, directors,
officers, employees and agents harmless from any and all liabilities,
claims, costs and expenses, including reasonable attorneys' fees,
related to or in connection with your, or any user of your accounts: (a)
violation of the Terms and Conditions, or (b) use of the Services, or
(c) placement, storage or transmission of any message, information,
software or other content by use of the Services. Notwithstanding
anything to the contrary contained herein, Bell acknowledges that
Section 12 and 13 do not apply to a claim, action, or damages brought
relating to a breach of confidentiality.
14. No License; Intellectual Property of BELL and Others. Except as
expressly provided, nothing herein or within any of the Services shall
be construed as conferring any license under any of BELL's or any third
party's intellectual property rights, whether by estoppels, implication,
waiver, or otherwise. Without limiting the generality of the foregoing,
you acknowledge and agree that certain content available through and
used to operate Services is protected by copyright, trademark, patent,
or other proprietary rights of BELL, its affiliates, licensors, and/or
service providers. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer any software, applications or programs
used in connection with the Services. Further, you agree not to modify,
alter, or deface any of the trademarks, service marks, or other
intellectual property made available through the Services nor use any of
the forgoing for any purpose other than the purpose for which such
intellectual property is made available to users through the Services.
You agree that upon: (a) termination or expiry of these Terms and
Conditions; or (b) any other cessation of the Service; you will stop
using or accessing the Services and erase or destroy all copies of
software received from Bell in connection with the Services (or render
such software unusable), specifically including any Microsoft Outlook
Client Software. Further you agree that your use of any software from
Microsoft Corporation shall be in accordance with "PART C" of these
Terms and Conditions. Also, you agree to execute any written
confirmation requested by Bell certifying your compliance with this
section of the Terms and Conditions.
15. Trademarks. All product, brand and company names and logos used in
the Service are the trademarks or registered trademarks of their
respective owners. Any use of any of the marks used in the Service
without the express written consent of BELL or the owner of the mark, as
appropriate, is strictly prohibited.
16. Copyright Notices. All rights reserved. Any copying, republication
or redistribution of such content, including by caching, framing or
similar means, is expressly prohibited without the prior written consent
of the copyright owner and BELL.
17. Territory. The Services sites originate in Canada and are only to be
made available for users that originate and reside within Canada.
18. Miscellaneous. The Terms and Conditions constitute the entire
agreement between BELL and you pertaining to your use of the Services
and supercede any prior agreements between you and BELL. BELL's failure
to insist upon or enforce strict performance of any right or provision
of the Terms and Conditions shall not constitute or be construed as a
waiver of any right or provision. If any of the provisions (or parts
thereof) contained in the Terms and Conditions are determined to be
void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such determination shall not affect the remaining
provisions (or parts thereof) contained herein. The Terms and Conditions
shall be governed by and construed in accordance with the laws of the
province of Ontario and the federal laws of Canada applicable therein.
You agree that any dispute in connection with the Services shall be the
sole and exclusive jurisdiction of the courts of the province of Ontario
and you irrevocably attorn to the jurisdiction of such courts. Any
action in connection with the Services shall be brought in Toronto,
Ontario. The parties have required that the Terms and Conditions and all
documents relating thereto be drawn up in English. Les parties ont
demand? que cette convention ainsi que tous les documents que s'y
rattachent soient r?dig?s en anglais.
PART B -SERVICE DESCRIPTION
The Service is described within the web pages located at
________________. Please review these pages as they outline the various
characteristics of the Service.
PART C - MICROSOFT* CLIENT SOFTWARE
GENERAL. You agree to the following terms and conditions as well as any
end-user license agreements present within the SOFTWARE PRODUCTS
contained within or provided in connection with the Bell Service. This
Part C concerns your use of Microsoft® software, which includes computer
software provided to you by Bell as described in this Agreement, and may
include associated media, printed materials, and "online" or electronic
documentation (individually and collectively "SOFTWARE PRODUCTS"). Bell
does not own the SOFTWARE PRODUCTS and the use thereof is subject to
certain rights and limitations of which Bell needs to inform you. Your
right to use the SOFTWARE PRODUCTS is subject to your agreement with
Bell, and to your understanding of, compliance with and consent to the
following terms and conditions, which Bell does not have authority to
vary, alter or amend.
1. DEFINITIONS.
"Client Software" means software that allows a Device to access or
utilize the services or functionality provided by the Server Software.
"Device" means each of a computer, workstation, terminal, handheld PC,
pager, telephone, personal digital assistant, "smart phone," or other
electronic device.
"Server Software" means software that provides services or functionality
on a computer acting as a server.
"Redistribution Software" means the software described in Paragraph 4
("Use of Redistribution Software") below.
2. OWNERSHIP OF SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS are licensed to
Bell from an affiliate of the Microsoft ® Corporation ("Microsoft"). All
title and intellectual property rights in and to the SOFTWARE PRODUCTS
(and the constituent elements thereof, including but not limited to any
images, photographs, animations, video, audio, music, text and "applets"
incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft* or its
suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws and treaties. Your possession, access, or use of the SOFTWARE
PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any
intellectual property rights to you.
3.USE OF CLIENT SOFTWARE. You may use the Client Software installed on
your Devices by Bell only in accordance with the instructions, and only
in connection with the services, provided to you by Bell.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the services
provided to you by Bell, you may have access to certain "sample,"
"redistributable" and/or software development ("SDK") software code and
tools (individually and collectively "Redistribution Software"). YOU MAY
NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE
UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS
CONTAINED IN THE SERVICES PROVIDER USE RIGHTS ("SPUR") APPLICABLE TO
Bell, WHICH TERMS MUST BE PROVIDED TO YOU BY BELL. Microsoft® does not
permit you to use any Redistribution Software unless you expressly agree
to and comply with such additional terms, as provided to you by Bell.
5. COPIES. You may not make any copies of the SOFTWARE PRODUCTS;
provided, however, that you may (a) make one (1) copy of Client Software
on your Device as expressly authorized by Bell; and (b) you may make
copies of certain Redistribution Software in accordance with Paragraph 4
(Use of Redistribution Software). You must erase or destroy all such
Client Software and/or Redistribution Software upon termination or
cancellation of your agreement with Bell, upon notice from Bell or upon
transfer of your Device to another person or entity, whichever first
occurs. You may not copy any printed materials accompanying the SOFTWARE
PRODUCTS.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCTS, except and only to the extent that applicable law,
notwithstanding this limitation expressly permits such activity.
7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or
indirectly transfer or distribute the SOFTWARE PRODUCTS to any third
party, and you may not permit any third party to have access to and/or
use the functionality of the SOFTWARE PRODUCTS.
8. TERMINATION. Without prejudice to any other rights, Bell may
terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply
with these terms and conditions. In the event of termination or
cancellation, you must stop using and/or accessing the SOFTWARE
PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its
component parts.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT*. ANY WARRANTIES,
LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY BELL
AND NOT BY MICROSOFT* OR ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT. Any product support for the SOFTWARE PRODUCTS is
provided to you by Bell (or its subcontractors) and is not provided by
Microsoft ® or its affiliates or subsidiaries.
11. NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY
THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF
THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12. EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of US origin for
purposes of U.S. export control laws. You agree to comply with all
applicable international and national laws that apply to the SOFTWARE
PRODUCTS, as well as end-user, end-use and destination restrictions of
the destination from which you may re-export the SOFTWARE product. For
additional information, see
http://www.microsoft.com/exporting
13. LIABILITY FOR BREACH. In addition to any liability you may have to
Bell, you agree that you will also be legally responsible directly to
Microsoft®
14. RESTRICTIONS ON USE. You may not (a) remove, modify or obscure any
copyright, trademark or other proprietary rights notices that appear on
the Software Products or that appear during use of the Software Products
and (b) reverse engineer, decompile, or disassemble the Software
Products, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. for any
breach of these terms and conditions.
END OF AGREEMENT
* Trademarks used under license from Microsoft Corporation.
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