Please read and agree to these Terms and Conditions of use before using Purple Cow Internet Inc’s services or subscribing. This agreement is between the subscriber and the service provider, Purple Cow Internet Inc. The terms and conditions listed govern subscriber’s use of the telecommunications, this Internet site, and/or Internet products, long-distance, and all other services offered. All times subscriber uses this website or any service listed, subscriber accepts, acknowledges, and signifies that subscriber has read, understood, and agrees to be accountable to these terms and conditions of use. These terms and conditions may be changed and/or updated without notice. This page covers conditions applicable to all services.
1. The Use of www.purplecowinternet.com and its Services:
Purple Cow Internet Inc.’s site and Services offered may only be used by any person who has reached the age of majority and who is legally applicable to form legal contracts. If under the legal age of majority in the jurisdiction in which you live, subscriber must have a parent or legal guardian subscribe to the Service on their behalf. Purple Cow Internet Inc. reserves the right to terminate/suspend any account providing inaccurate or Incomplete information at any time. You agree: (i) to not involve, impede, or obstruct other users of the Service; (ii) to not impersonate or otherwise misrepresent your affiliation with a person/entity while using the Service; (iii) to not use the Service with intent of a criminal offense or violation of the rights of any party; (iv) to not use the Service to communicate unsolicited messages; and (v) to not use the Service for any debasing, derogatory, unlawful, slanderous, pornographic, harassing, abusive, threatening, or otherwise harmful purpose(s).
2. Liability Limitation
Purple Cow Internet Inc. has zero control over the content passing over Purple Cow Internet Inc.’s network. Use of any information obtained via Purple Cow Internet Inc. is at User’s risk. Neither Purple Cow Internet Inc., nor any of Purple Cow Internet Inc.’s affiliates, licensers, contractors, or their employees warrant that the Service will be uninterrupted, like all other ISPs.
3. Terms of Subscription
Purple Cow Internet Inc. services are offered on a month-to-month subscription basis. Services shall be deemed to begin on the date on which Purple Cow Internet Inc. activates your Service and will end at the end of that month. Unless stated differently by subscriber, subscription will renew automatically without further action by subscriber unless notice is provided to Purple Cow Internet Inc. as per the Right to Cancel section. Further installation charges may apply in exceptional circumstances. Further installation fees are in addition to and not part of, regular service fees.
4. All Service Fees
4. a) Charges and fees for each Service is set out in the description of each Service or bundled Services atwww.purplecowinternet.com
4. b) Additional charges applicable to Services, which may Include set up or access fees, is listed at www.purplecowinternet.com
4. c) Purple Cow Internet will give minimum of 30 days notice on any adjusts to fees. Subscriber’s continued use of the Service after any adjustment in fees shall constitute subscriber’s acceptance of any adjustment in fees.
4. d) All charges and fees will be charged to subscriber monthly or yearly and will be paid in accordance with the payment methods set up in subscriber’s customer account. These charges are done automatically starting one month after receiving internet and will continue on that date until subscription is canceled. 4. e) Charges for services are non-refundable. If subscriber pays monthly or annually and terminates service prior to the end of the month or year, case dependent, there will not be refunds for amounts already paid.
4. f) Subscriber receipts and invoices are sent to the email account subscriber provided at sign-up.
4. g) If Purple Cow Internet Inc. is not able to collect payment(s) for any reason, Purple Cow Internet will attempt to bill again 3 days after and will continue every 3 days until paid in full. If outstanding amount is not paid in full subscriber’s access to the services will be suspended until payment has been processed successfully. This Includes all outstanding amounts Incurred while service was suspended. A reactivation fee of $39.95 will be charged for the re-activation of any suspended account. 4. h) Purple Cow Internet Inc. reserves the right to terminate subscriber access to services if a balance is outstanding for more than ten (10) days if subscriber has failed to contact Purple Cow Internet Inc. with intent to resolve the balance. Purple Cow Internet attempts to provide three (3) or more business days notice of disconnect to subscriber.
4. i)Unbilled, or underbilled charge will be payable by the subscriber when correctly adjusted. Purple Cow Internet may bill for charges up to one (1) year from date charge was incurred.
4. j)There is a onetime $55 + tax shipping and packaging fee that is nonrefundable after the modem has shipped. This fee goes toward the processing and shipping fees that are incured by Purple Cow Internet.
4. k)If location is deemed to not be serviceable a full refund will be provided. If the modem has already been shipped to subscriber and location is not serviceable the modem will need to be returned before a full refund can be issued.
4.1. Credit Card Payments and Fees
4.1. a) If subscriber’s credit card expires, billing address changes or credit card is canceled/ replaced as a result of loss or theft, please update credit card information in My Account section of the website.
4.1. b) Subscriber must notify Purple Cow Internet Inc. in writing within ten (10) days of credit card statement for disputes of Purple Cow Internet Inc.’s charges on said statement or dispute will be deemed waived. Please direct billing disputes to firstname.lastname@example.org.
4.1. c) Subscriber’s initial use of service authorizes Purple Cow Internet Inc. to charge subscriber’s credit card account number filed with Purple Cow Internet for charges and taxes. It also allows Purple Cow Internet to auto debit monthly bills on the monthly anniversary date of when the system was turned on. This authorization will remain valid for sixty (60) days after subscription of services termination date provided to Purple Cow Internet.
4.1. d) If a credit card payment fails, a $5 administrative charge will be applicable if payment is not made by the due date, as stated on the invoice. This administrative charge will be reflected in the consecutive month’s invoice.
4.1. e) If a chargeback is initiated, Purple Cow Internet Inc. reserves the right to charge $35.00 to cover administrative and processing costs of the chargeback. If the chargeback is deemed invalid, Purple Cow Internet Inc. reserves the right to dispute and reverse the chargeback. In addition, Purple Cow Internet Inc. may suspend services if the chargeback puts subscriber’s account in state of delinquency. 4.1. f) If subscriber’s account is suspended/deactivated due to non-payment, Purple Cow Internet Inc. reserves the right to charge the credit card account on file for balance owing, Including applicable taxes and fees.
4.1. g) Subscribers monthly billing does not begin until they are live with the internet or one week after the modem is activated and delivered to subscribers home.
4.2. Bill Payments
4.2. a) A $5 administrative charge will apply if payment is not made by due date, as stated on invoice. This administrative charge will be reflected on the consecutive month’s invoice.
4.3. a) If your home requires, a new line, repair, or connection work a technician one will be booked by Purple Cow Internet. You will receive a Morning or Afternoon window on the closest date to your requested install date. These technicians are subcontracted through another internet service provider and after requesting an appointment it takes approx 24 - 48 hour time period to schedule. If the technician does not show up during the scheduled time one will be rebooked free of charge. There are no refunds or credits added to subscribers account if technician does not show up to scheduled appointment.
4.3. b) In some very rare cases a site survey can be required if your current place of service has never been connected to the network before. We will know if a site survey is required in 3 - 5 business days of signup. If you would like to move forward with the site survey a 3rd party technician can be hired at the cost of $450. Upon approval Purple Cow Internet will bill the card on file a non-refundable $450 for 3rd party to perform this service. In moving forward with the Site Survey there is no guarantee that you will be able to get service and or there could be additional charges the 3rd party may require to build out infrastructure to connect your home.
5. Website Information Accuracy
Purple Cow Internet Inc. endeavors to provide accurate and up-to-date information. In the event that a typo or other error occurs, Purple Cow Internet Inc. reserves the right correct such misprint without liability to Purple Cow Internet Inc.
6. Website and Service Termination of Use
6. a) At any time, and for any reason, Purple Cow Internet Inc. reserves the right in its discretion to terminate or restrict subscriber access to website and services without notice. Purple Cow Internet Inc. may terminate or restrict service if payment is delinquent or service is abused. Purple Cow Internet Inc. deems abuse as: (i) using service for telemarketing purposes. (ii) using service for prank calling. (iii) using service for autodialing, modem or faxing (Including, fax broadcasting and fax blasting); (iv) using services for anything other than expected residential use.
6. b) In some cases, Purple Cow Internet Inc. may terminate access to service by providing subscriber with ten (10) days notice. Purple Cow Internet Inc. may then refund subscriber a pro-rated amount of any prepaid amounts received prior based on the amount of time remaining in the prepaid term.
7. Right to Cancel
7. a)Subscriber may discontinue Purple Cow Internet Inc. services for any reason, at any time, with notice as defined below: (i) Request to cancel must be made via telephone or text message. (ii) For monthly subscriptions, subscriber should use best efforts to notify Purple Cow Internet Inc. to provide a minimum of ten (10) business days notice. Cancellations will occur at the end of the current billing cycle. (iii) There will be no refunds for cancellations if service has been delivered. 7. b) Subscriber agrees that service may be disconnected at any time on the disconnection date. If the requested disconnect date falls on a weekend/holiday, date of disconnection will be made the prior business day. 7. c) The modem must be returned in good working condition within 30 days of cancelation or a $150 charge will be applied to customers account. If the modem is returned after the 30 days and the customer has been charged for the modem, the $150 will be retuned to the customer within 10 business days. 7. d) If there is a refund that is deemed this refunded will be processed when the modem is returned, processed and in good working condition.
8. Privacy at Purple Cow Internet Inc.
9. Website and Services are Provided As it Stands
Purple Cow Internet Inc.’s website and services are provided as available, and without any representations of any kind. The operation of website and services can be impacted by many factors beyond the control of Purple Cow Internet Inc. Privacy and security risks cannot be eliminated. Purple Cow Internet Inc. may restrict destinations deemed to result in fraudulent abuse of Purple Cow Internet Inc.’s network. These areas Include but are not limited to 902-XXX-XXXX and 782-XXX-XXXX.
10. Limitation of Liability and Damages Waiver
Purple Cow Internet Inc. cannot guarantee completely uninterrupted operation of services, nor shall it be liable for failures, interruption or breakdown of service in the network or any other network or connection involved in the use of services regardless of cause and interruption time. Purple Cow Internet Inc. and its affiliates, employees, agents or representatives do not make any warranty, representation, or guarantee of any nature regarding any service, product or Purple Cow Internet Inc. facilities provided by Purple Cow Internet Inc. to subscriber, either express or implied, Including without limitation, those relating to: (i) Fitness for a specific purpose or merchantability; (ii) Network transmission capacity; (iii) The security of any transaction; (iv) The fault tolerance of services or suitability of same for high risk activities; or (v) The reliability and compatibility of the Purple Cow Internet Inc. facilities/equipment or software of third parties which may be used by Purple Cow Internet Inc. in providing, or by subscriber in using the services and all warranties and representations/conditions, express or implied, are permitted by applicable law, hereby excluded. The subscriber agrees that subscriber has not received nor relied upon any representation, warranty, condition or guarantee made by Purple Cow Internet Inc.
11. User Information
Purple Cow Internet Inc. will not publish subscriber’s name and will not make such information available to third parties, unless required by court order.
The right to use Purple Cow Internet Inc. service is non-transferable.
14. a) The website, the service and all content, images, software, icons, applications, design, and other elements available on/through Purple Cow Internet Inc.’s website and provided in correlation with services are the property of Purple Cow Internet Inc., and others, and are protected by Canadian and international copyright, trademark, and other laws. Subscriber’s use of Purple Cow Internet Inc.’s website and service does not transfer any ownership or other rights in the website or its content and services to the subscriber. “Purple Cow Internet Inc.”, together with all integrated logos, slogans, and graphics, is a trademark of Purple Cow Internet Inc., and must not be utilized or reproduced without Purple Cow Internet Inc.’s prior written permission. 14. b) Other company names, products, and logos that appear on the website may be registered or unregistered trade-names, trade-marks and service-marks of their owners. Any use of these trade-names, trade-marks and/or service-marks and logos displayed on the Purple Cow Internet Inc. website is prohibited.
15. Governing Law
The Terms and Conditions of use, subscriber’s use of the website and services, any and all related matters are governed solely by the laws of the Province of Nova Scotia and applicable federal laws of Canada.
16. Force Majeure
Neither subscriber nor company will be liable for breach of these Terms and Conditions of Use, nor for failure in performance resulting from any cause beyond each party’s control, Including, and not limited to, storm, flood, fire, lockout, strike or other workforce trouble, war, rebellion, riot, accident, blackout, acts of God, or any failure of third-party suppliers.
17. Contact Information
Please direct any questions regarding these Terms and Conditions of Use or the general website to Purple Cow Internet Inc. support’s phone at 902-579-6040, or email to email@example.com
18. Failure to Comply
Purple Cow Internet Inc. may deny subscriber access to services without notice if subscriber engages in conduct or activities that violate any of the terms and conditions in this agreement as Purple Cow Internet Inc., in its sole discretion, believes.
19. Shipping and Handling
The cost of shipping is not Included with any orders or returns, unless stated otherwise. The subscriber agrees to pay for all shipping/handling of equipment, in addition to all fees for service. General shipping cost is $10 unless specifically stated differently. If the items are damaged on receipt of package the subscriber agrees to pay the full value of the product. For example the DG2470 is $150.
20. a) Subscriber agrees to notify Purple Cow Internet Inc., if subscriber changes civic address, mailing address or phone number, and to report a legal name, postal address, and telephone number. 20. b) Accounts are created with receipt of payment. Billing period starts on date of service installation. Purple Cow Internet Inc. invoices one (1) month in advance, with the exception of per-minute long-distance usage, which is billed on the first of each consecutive month. Services require payment via credit card only. The subscriber is responsible for updating any information on his/her Purple Cow Internet Inc. account
21. Purple Cow Internet Inc. Long-Distance Terms
21. a) Subscriber indemnifies Purple Cow Internet Inc. and its partners for any penalties or charges received as a result of using the service improperly, i.e., calling the long-distance access number for any service. Subscriber may access and utilize services solely for subscriber’s own residential and personal use. Service is to be used for voice purposes only. Subscriber may not transfer or resell service to other person(s) for any purpose or charge other person(s) for the use Purple Cow Internet Inc. services. This service does not support: (i) “011” calling, except where specified on the rates page; (ii) “1-900”, “1-976” number calling; or (iii) “311”, “411”, or other x11 services in any service areas, with the exception of e911; (iv) operator assistance calling.
22. Purple Cow Internet Inc. High Speed Internet
22. a) Prohibited Uses 22.a) b) The subscriber may not send spam when dialed into the Purple Cow Internet Inc. network. The following types of email sent constitute as spam:
22. c) forged e-mails to/from address other than from actual sender, or to actual recipient; 22. d) message subject not related to email body;
22. e) email not requested by the recipient;
22. f) emails sent in bulk by sender;
22. g) mail bombs; 22. h) transmit objectionable information which contains a virus, cancelbot, Trojan horse, worm or another harmful component; 22. i) allow users to run any form auto-responds from subscriber’s account; 22. j) the unauthorized use of Relay Servers. Subscriber agrees that any unauthorized use of any e-mail server for the purposes of relaying or distributing messages is prohibited; 22. k) purposeful alteration or fraudulent addressing. The subscriber may not intentionally misrepresent information of any e-mail messages sent while using Purple Cow Internet Inc. service.
23. a) Purple Cow Internet Inc. strives to deliver and install high-speed Internet service by estimated activation date. However, delays can occur due to external factors, i.e., subscriber’s availability or the acts of third-party suppliers/providers. Purple Cow Internet Inc. cannot guarantee services will be delivered and installed by a specific activation date. 23. b) Subscriber’s demarcation point for the high-speed services shall be a general location where all external wiring feeds terminate and connect with inside wiring owned by subscriber. High-speed Internet services will be installed up to the subscriber demarcation point. 23. c) Purple Cow Internet Inc. is not responsible for any equipment/wiring beyond the demarcation point, with the exception of Purple Cow Internet Inc.’s subscriber premise equipment, i.e. Purple Cow Internet Inc. supplied modem. 23. d) Purple Cow Internet Inc. is not responsible for configuration of customer premise equipment (CPE) above and beyond standard configuration. Purple Cow Internet Inc. is not responsible for configuration of customer-owned devices (CPE, laptops, PCs, etc.). 23. e) Additional wiring and/or termination of circuits past the subscriber demarcation point will be the subscriber’s sole responsibility. In the event the subscriber requests other wiring work to be performed by Purple Cow Internet Inc., this work will be performed by a Purple Cow Internet Inc. authorized installer and will be invoiced to the subscriber by the Purple Cow Internet Inc. authorized installer.
24. Credits for Service Interruption
24. a) If services are interrupted for more than a period of 24 hours after the subscriber notifies Purple Cow Internet Inc., a credit equal to 1/30th of any fixed billing cycle charges for the affected service will apply to every full 24 hour period during which the interruption remains. Credit in any billing period will not exceed the total average monthly charges for that period for the affected service. Credits will not apply to any non-recurring or usage charges. The subscriber’s sole and exclusive remedy for service interruption will be the credit as outlined above. 24. b) The subscriber must request credit within thirty (30) days of any validated interruption. Without this request, the subscriber forever waives right to any credit for that outage. Purple Cow Internet Inc. will in its sole and absolute discretion, determine if an interruption is considered a validated interruption. 24. c) Multiples resolutions will at no time be provided to the subscriber for a single event. Subscriber payables must be current prior to the subscriber receiving credits.
No credits are provided for interruptions due to the following:
24. e) the failure of any component, equipment, wiring, network or system provided by subscriber or third party;
24. f) network maintenance by Purple Cow Internet Inc.;
24. g) Force Majeure events;
24. h) omissions or acts, negligent or otherwise, by subscriber or third-party, or any breach of the terms and conditions of use by the subscriber of the service agreement or any schedules or addenda attached at any time.
25. Information Technology Master Plan (ITMP)
Purple Cow Internet Inc.’s fair share policy endeavors to provide its customers with a better Internet experience.
Purple Cow Internet Inc., like many Internet providers in Canada, may occasionally be required to manage its network so that no application, service or subscriber consumes more than their fair share of bandwidth of which to impede the utilization and enjoyment of other subscribers.
Purple Cow Internet Inc.’s fair share policy strives to improve each subscriber’s online experience. Improved performance can be noted with: Email Applications, “Real-Time” Browser Applications, Internet Radio, Streaming Instant Messaging (IM), Online Gaming, Netflix, Youtube, etc. in addition, “client-server” downloads Including and not limited to software updates, iTunes, and Microsoft Windows updates.
The fair share policy exists to ensure the best quality Internet is available to the maximum number of subscribers. Purple Cow Internet Inc. continues to update and ensure this policy is up to date, regularly.
26. VOIP Voice Service 26. a) Service Availability
Subscriber may qualify for VOIP Voice Services, depending on subscriber address. Qualification must be verified by contacting Purple Cow Internet Inc. customer service.
27.Enhanced 911 (E911) Service Important 9-1-1 Information
We want to make sure that you are aware of important differences in the way 9-1-1 service operates with a VoIP phone when compared with traditional telephone service. Here’s what you need to keep in mind:
DIFFERENCES BETWEEN TRADITIONAL 9-1-1 SERVICE AND VOIP PHONE 9-1-1
With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response centre.
REMEMBER TO VERIFY YOUR LOCATION
Because you can move your VoIP phone between locations and because, for technical reasons, the emergency operator may not have your name, location or contact information available, you must immediately inform the emergency operator of your location and contact particulars any time you call 9-1-1. Do not risk sending police or ambulance services to the wrong location.
BE PREPARED DURING ANY SERVICE INTERRUPTION
VoIP phone service depends not only on your continued subscription (and payment) for the service, but also on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), or if your service is disconnected or suspended due to non-payment, you may experience a failure, disruption or delay in your 9-1-1 service. We recommend that you keep an alternative phone service (such as a cellular telephone) handy to increase the reliability of your access to emergency services during any service interruption.
DO NOT DISCONNECT
Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.
KEEP YOUR SERVICE ADDRESS UP TO DATE.
Pulsar360 will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address. Canadian Customers may update location information by filling out and submitting a form that can be accessed at: https://dhphone.securetransit.net/home/page_members.htm. US Customers should log into their Account Portal at https://pulsar360.zendesk.com and use the Submit A Request Link to update information. Canadian and US Customers may also update location information by contacting Pulsar360 by email at firstname.lastname@example.org 877-743-9128.or call by calling
INFORM OTHER USERS
You must notify members of your household and other potential users of your VoIP phone service of the nature and limitations of 9-1-1 emergency calls. To make this easier, attach the included stickers in a visible location on your telephone sets.
LIMITATIONS OF LIABILITY
Pulsar360’s terms of service limit and disclaim liability related to VoIP 9-1-1 service. Those limitations and disclaimers are contained in your service contract for VoIP Services, so please read these carefully.
IF YOU HAVE QUESTIONS REGARDING YOUR 9-1-1 SERVICE PLEASE CONTACT OUR OFFICES
28. Purple Cow Internet Inc. Does Not Support Operator Assisted or 1-900 calls.
Purple Cow Internet Inc.’s VOIP Voice Service does not support 0+ or operator assisted calls (Including and not limited to collect calls and third-party billing calls). Additionally, the VOIP Voice Service does not support 1-900 calls/services. The VOIP Voice Service does support 411 calls (411 calls are charged at a rate to be determined from time to time by Purple Cow Internet Inc.), and 311 calls are supported where available. The VOIP Voice Service may support certain calling card calls and/or company flat rate calling services (dialing requirements dependent), but it will not support 10-10 dial, around long-distance services.
29. Porting 29. a)Number Transfer (“porting to Purple Cow Internet Inc.”).
If the subscriber wishes to transfer/port a current telephone number to Purple Cow Internet Inc., the subscriber must provide authorization in a Letter of Authorization (LOA) and submit it to Purple Cow Internet Inc. first. The LOA will permit Purple Cow Internet Inc. to contact subscriber’s current carrier and request porting of the number to the Purple Cow Internet Inc. network. It is the subscriber’s responsibility to cancel the service agreement with the current carrier once informed that the port is complete by Purple Cow Internet Inc.
Purple Cow Internet Inc. is not responsible for numbers that are lost, charges that are Incurred for telephone number reclamations, or any other porting charges should the subscriber cancel service before the port is complete. If a number transfer is rejected due to information provided by the subscriber, Purple Cow Internet Inc. reserves the right to charge a $50 fee for port rejection.
29. b) Number Transfer from Purple Cow Internet Inc. (“porting out”).
If the subscriber decided to switch to another service provider, the subscriber may request to transfer, or “port out”, the telephone number supplied by Purple Cow Internet Inc. to another service provider. If the subscriber requests a new service provider to port a number from Purple Cow Internet Inc., it is recommended that the subscriber contact Purple Cow Internet Inc. after the port is complete so that Purple Cow Internet Inc. can ensure the accurate cancellation of billing. The subscriber will remain responsible for any fees/charges associated with said number until the service is terminated. If the subscriber’s service has been suspended due to non-payment, Purple Cow Internet Inc. may deny the port-out request at their discretion. If a port is unsuccessful for any reason, the service and this agreement will not terminate, and the subscriber will continue to be responsible for charges associated with the service and the subscriber’s account.
29. c) Directory listing.
All telephone numbers that the subscriber obtains in connection with Voice Services will not be listed in any telephone directories.
30. Calling Plans & Acceptable Usage
30. a) Details for long distance services Included with the VOIP Voice Service: Calls made to locations that not Included in the VOIP Voice Service are charged to the subscriber’s account in accordance with Purple Cow Internet Inc’s terms and conditions. 30. b) Areas excluded from Purple Cow Internet Inc’s Canada and free United States calling plans Include: Yukon, Nunavut, Northwest Territories, Hawaii, and Alaska). 30. c) Acceptable Usage. Purple Cow Internet Inc.’s Acceptable Use Policy helps subscribers understand the permissible and intended use of its services, and to prevent fraud and abuse of unlimited calling plans and features. Unlimited long-distance plans are intended for residential and personal, non-commercial use. Only the account holder and/or residential family members are permitted use.
The subscriber is responsible for the installation of the VOIP Voice Service. Subscriber can request a technician, in which case Purple Cow Internet Inc. will arrange an authorized installer to perform the work. This will be billed directly to the subscriber by the Purple Cow Internet Inc. authorized installer. Purple Cow Internet Inc. standard pricing does not Include upgrades in wiring, cabling, routers or additional equipment needed for the subscriber’s home to be readied for installation. Subscriber is responsible to make and pay for any necessary changes/upgrades. If the subscriber fails to provide, ready or maintain the location(s) and facilities for the installation of VOIP Voice Services, Purple Cow Internet Inc. will not be liable for resulting delays in commencing services, service interruption, and/or related damages, and the subscriber will be liable for additional costs Incurred by Purple Cow Internet Inc. to successfully install or restore these services.
32. Fraudulent Content
The subscriber is responsible for the distribution of fraudulent materials if communicated. Purple Cow Internet Inc. reserves the right to bill a subscriber’s credit card if violation results in costs of any kind to Purple Cow Internet Inc.
33. Restricted Content
The subscriber will not post or transmit any of the following restricted contents: Illegal and/or unethical activities Including violations of privacy, pornography, obscenity, nudity, hacking, computer viruses, and any harmful matter as determined by Purple Cow Internet Inc. Subscriber agrees to indemnify and hold Purple Cow Internet Inc. non-liable for any claim resulting from subscriber publications or said restricted matter.
34. ReConnect Limit Minimum
The subscriber understands they cannot log back on for a period of one (1) minute following the termination of an online session.
35. Email Account
Purple Cow Internet Inc. cannot provide email accounts.
36. a) Certain services offer the subscriber the option of purchasing/renting hardware or equipment from Purple Cow Internet Inc. 36. b) Equipment is to be operated in compliance with the general specifications and standards of the manufacturer and applicable laws. The subscriber will use provided equipment in the manner for which it is designed with respect. 36. c) For rented equipment, the subscriber will not sell, lease or dispose of the equipment (or any of its components) and will keep equipment free of impediments. Purchased and paid for equipment is excluded. 36. d) The subscriber bears the risk of losses, destruction, or confiscation of equipment once equipment is delivered to their address. 36. e) The subscriber will not alter the equipment’s components, software, firmware or any other piece of the equipment, excluding what is provided on Purple Cow Internet Inc.’s support page. Any modifications beyond this can hinder function of equipment and will not be supported by Purple Cow Internet Inc. If these alterations prevent/alter the capacity of the modem, the subscriber will be charged repair fees as determined by Purple Cow Internet Inc. If the modem is unrepairable, the subscriber is responsible for loss and must pay the full purchase price of the equipment(s). 36. f) For modem exchanges, the subscriber will be charged a modem exchange in addition to shipping/delivery fees for new equipment and/or return of previous equipment. 36. g) In terminating this agreement, or certain service hereunder, the subscriber forfeits all equipment(s). Equipment(s) must be returned to Purple Cow Internet Inc. within fifteen (15) business days from termination date, failing which, the subscriber will be charged the full purchase price of said equipment. Returned equipment must Include all components, original cables and power adapters, without damage. 36. h) Purple Cow Internet Inc. does not support the use of third-party hardware supplied outside of Purple Cow Internet Inc. 36. i) Purchased hardware Includes a one (1) year manufacturer’s warranty. Defective hardware can be exchanged within that time period. Subscriber is responsible for shipping/delivery fees.
37. Service Specifications
37. a) Service speed depends on advertised upload/download speeds listed on Purple Cow Internet Inc.’s website, i.e., the speed “up to 10 Mbps” means the subscriber can expect speeds up to 10Mbps or less. 37. b) Purple Cow Internet Inc. does not make guarantees for speed of the subscriber’s connection as speeds vary on external factors outside of Purple Cow Internet Inc.’s control. 37. c)Purple Cow Internet Inc. strives to deliver and install services by the activation date. However, delays can occur due to external factors i.e. subscriber’s availability or the acts of third-party suppliers/providers. Purple Cow Internet Inc. cannot guarantee services will be delivered and installed by a specific activation date.
38. Service Installation and Technician Appointments
38. a) If a technician(s) must be dispatched to the subscriber’s premise, the subscriber will be notified by Purple Cow Internet Inc. and agrees upon a specific date and time frame, and it is expected that someone will be home on that date during that time frame in order for the technician to access the premise. If no one is home and the technician can not gain access to the household, the subscriber will be charged a $25 fee. This fee also applies if the technician is refused access to the premise for any other reason. 38. b) Additional wiring and/or termination of circuits past the subscriber demarcation point will be the subscriber’s sole responsibility. In the event the subscriber requests other wiring work to be performed by Purple Cow Internet Inc., this work will be performed by a Purple Cow Internet Inc. authorized installer and will be invoiced to the subscriber by the Purple Cow Internet Inc. authorized installer.
39. Purple Cow Internet Inc. Subscriber Referral Program
39. a) Purple Cow Internet Inc. rewards subscribers for referrals to service. Each successful referral to any Purple Cow Internet bundle (Voice and High-Speed Internet packages), subscriber receives a credit of $5.00 for each month their referral is subscribed, for a maximum of 12 months. 39. b) Referral credits are valid only for referrals to Purple Cow Internet bundle services (Voice and High-Speed Internet bundles). 39. c) Referrer name and/or telephone number must be given at time of, or within fifteen (15) days of sign-up. Referral credits cannot be backdated or retroactively applied for existing subscribers. 39. d) The Referral Program is not available for wholesale customers. 39. e) Purple Cow Internet Inc. may terminate this promotion at any time for any reasons. Upon termination, any existing (in progress) referral credits will continue as promised for up to twelve (12) months.
40. Subscriber Responsibilities
40. a) The subscriber is responsible for acquiring and maintaining software required to make use of the Purple Cow Internet Inc. connection. Purple Cow Internet Inc. cannot provide warranties for Internet, email, or other connection software subscriber runs on their computer(s). Purple Cow Internet Inc. assumes no responsibility for damages resulting from the use of said software. 40. b) It is the subscriber’s responsibility to ensure use of their account does not result in damage/disruption to Purple Cow Internet Inc’s Internet services.
41. Service Support
41. a) Purple Cow Internet Inc. will offer support for configurations of Internet but cannot provide support for other system software. 41. b) Purple Cow Internet Inc. will support purchased or rented DSL hardware from Purple Cow Internet Inc., but cannot support hardware purchased or rented externally.
42. Minimum System Requirements
The subscriber is responsible for ensuring that their computer meets minimum system requirements. If said computer or other hardware does not meet these requirements, Purple Cow Internet Inc. is not responsible for connection challenges experienced.
Resale of Purple Cow Internet Inc. bandwidth or any other part of the high-speed service is strictly prohibited.
These Terms and Conditions establish the full and entire agreement between the subscriber and Purple Cow Internet Inc. and supersede any/all prior agreements regarding these Terms and Conditions of Use.