Terms

Terms of Use

This Web site is owned and operated by Hydro One Telecom Inc. (“HOTI”). Use of this Web site signifies your agreement to these terms of use. Please read these terms of use carefully before using this Web site. If you do not agree to these terms of use, please do not use this Web site.

By using this Web site in any manner whatsoever, you agree that:

Disclaimer and Limitation of Liability

1. The materials in this Web site are provided “as is” and without any express or implied warranties of any kind. To the fullest extent permissible pursuant to applicable law, HOTI disclaims warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose or use. HOTI does not warrant that the functions contained in the materials and this Web site will be uninterrupted or error-free, that defects will be corrected, or that this Web site or the server that makes it available is free of viruses or other harmful components. HOTI does not warrant or make any representations of any kind regarding the use or the results of the use of the materials in this Web site in terms of their correctness, accuracy, reliability, effectiveness, timeliness, or otherwise. You, and not HOTI, assume all of the risks associated with using this Web site.

2. IN NO EVENT SHALL HOTI, ITS PARENT COMPANY, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY (IN RELATION TO OR AS A CONSEQUENCE OF USE OF THIS WEB SITE) UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION LOSES, LOSS OF CONTRACT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, DELAY, LOSS OF GOODWILL, LOSS OF DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, AND INCLUDING BUT NOT LIMITED TO PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SAID LIABILITY, LOSS, OR DAMAGES ARISE IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF HOTI WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOTI’S TOTAL LIABILITY TO YOU (OR ANYONE ELSE CLAIMING THROUGH YOU) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT SPECIFICALLY PAID BY YOU TO HOTI, IF ANY, FOR PURPOSE OF ACCESSING THIS WEB SITE.

3. This disclaimer and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any aspect of this Web site, under any legal theory or cause of action.

Indemnity

4. You agree to indemnify, defend and hold harmless HOTI, its parent company, affiliates, and their respective officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of any aspect of this Web site, your violation of these terms of use and/or your infringement of any intellectual property or other right of any person or entity.

Third Party Links

5. This Web site may contain links to other third party services and resources for informational purposes only. HOTI is not responsible for such third party services and resources, nor does HOTI approve or endorse such third parties or their services or resources.

Account and Password Security

6. Some parts of this Web site may require you to enter a password and account designation upon completion of a registration process. If this applies to you, you are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your password and account. You agree to notify HOTI immediately of any unauthorized use of your password or account or any other breach of security. HOTI will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.

Copyright / Proprietary Rights

7. No material from any Web site owned, operated, licensed or controlled by HOTI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of HOTI’s copyright and other proprietary rights.

Governing Law and Jurisdiction

8. This Web site and all disputes or other matters arising out of it shall be governed by the laws of the province of Ontario and the laws of Canada applicable therein and dealt with by a court of competent jurisdiction in the City of Toronto or such other location as the parties may expressly agree to. You specifically agree that if HOTI should prevail in any legal proceedings, you shall pay all of HOTI’s costs, including without limitation, reasonable fees for in-house and outside counsel.

Amendments

9. HOTI reserves the right to change these terms of use at any time. Please check this page periodically for changes. Your continued use of this Web site following the posting of any changes to these terms of use will mean you accept the changes. In the event that HOTI changes these terms of use, HOTI will post a message on the home page of its Web site that states that these terms of use have been changed, and will provide a link to the revised terms of use.

General

10. These terms of use constitute the entire agreement between HOTI and you with respect to your use of this Web site. HOTI’s failure to insist upon or enforce strict performance of any provision of these terms of use shall not be construed as a waiver of any provision or right. If any of these terms of use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.

If you have any questions regarding these terms of use, please contact us at Webmaster@HydroOne.com