The following terms and conditions pertain to Fongo Internet service only. For terms and conditions pertaining to Fongo’s other services, click here.

1. Use of the Site and the Service

The Site and the Service may be used only by persons who have reached the age of majority and who can form legally binding contracts under applicable law. If you are under the legal age of majority in the jurisdiction in which you live and wish to subscribe to the Service, please have a parent or legal guardian subscribe to the Service on your behalf. Fongo Internet reserves the right to suspend or terminate your account if you provide incomplete or inaccurate information at the time of registration or any time thereafter. You agree: (i) not to do anything to interfere with other users of the Service, (ii) not to impersonate any person or otherwise misrepresent your affiliation with a person or entity when using the Service, (iii) not to use the Service in a manner which is a criminal offense or violate the rights of any party, (iv) not to use the Service to send unsolicited messages, and (v) not to use the Service for any unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory or otherwise harmful purpose.

Fongo Internet Internet is licensed by

2. Limitation of Liability

KW Internet is the authorized licensee of the “Fongo Internet” brand. KW Internet is a separate organization and separate ownership than Fongo.

Fongo Internet exercises no control whatsoever over the content that passes over Fongo Internet’s network. Use of any information obtained via Fongo Internet is at User’s risk. Neither Fongo Internet, nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted, like all other ISP’s.

3. Subscription Term

Services are offered on a month-to-month subscription basis. The Service shall be deemed to begin on the date on which Fongo Internet activates your Service and shall end on the same date of the following month. Unless otherwise stated by you, your subscription will automatically renew without further action by you unless you provide Fongo Internet with notice as per the Right to Cancel section. A change of address is subject to a $30 reactivation fee. Extra installation charges may apply in unusual circumstances. These fees are in addition to the regular service fees.

4. Fees – All Services

4.1. The fees and charges for each Service shall be set out in the description of each Service or bundled Services at www.fongo.com

4.2. Additional charges that may apply to Services, which may include access fees or activation fees, shall be listed at www.fongo.com

4.3. Fongo Internet reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees.

4.4. All fees and charges shall be charged to you monthly and paid in accordance with your payment methods set up in your Customer Account.

4.5. Charges for the Services are non-refundable. If Customer pays on a monthly basis or on an annual basis, and terminates the Service prior to the completion of the month or the year, as the case may be, there will be no refunds of amounts already paid.

4.6. Your invoices and receipts will be sent to the email account that you provided during sign-up. If you do not have an email account, please call Technical Support to get assistance in setting up a Gmail account

4.7. In the event that Fongo Internet is unable to collect payment for any reason, Fongo Internet will suspend your access to the Services until payment has been successfully processed, including any outstanding amounts incurred while your service was suspended. Suspended accounts are subject to a reactivation fee of $30

4.8. Fongo Internet reserves the right to terminate your access to Services if your balance is outstanding for over 10 days, and you have not demonstrated any effort or intentions of resolving your balance (determined at Fongo Internet’s discretion). Fongo Internet will use its best efforts to provide at least three (3) business days notice of its intent to disconnect access to the Services.

4.9. Any under billed or unbilled Charge shall be payable by Customer when correctly billed. Fongo Internet may bill for Charges up to one (1) year from the date the Charge was incurred.

4.10. Fees – Credit Card Payments

4.10.1. If your credit card expires, your billing address changes, or the card is cancelled and replaced as a result of loss or theft, you must advise Fongo Internet at once.

4.10.2. You must notify Fongo Internet in writing within ten (10) days of your credit card statement, if you dispute any of Fongo Internet’s charges on that statement or such dispute will be deemed waived. Billing disputes should be directed to: billing@fongointernet.com.

4.10.3. Your initial use of the Service authorizes Fongo Internet to charge the credit card account number on file with Fongo Internet for fees and taxes. This authorization will remain valid until sixty (60) days after you provide Fongo Internet with notice of your intention to terminate your subscription to the Service.

4.10.4. In the event that a credit card payment fails, Fongo Internet reserves the right to charge an administrative fee of $5.00 if the payment is not made by the due date as stated on the invoice. This administrative charge will be reflected on the next month’s invoice.

4.10.5. In the event that a chargeback is initiated, Fongo Internet reserves the right to charge a $35.00 fee to cover the administrative and processing costs of the chargeback. If the chargeback is deemed invalid, Fongo Internet reverses the right to dispute and reverse the chargeback. Additionally, Fongo Internet reserves the right to suspend access to Services if the chargeback puts your account in a delinquent state

4.10.6. In the event that your account is suspended or deactivated due to non-payment, Fongo Internet reserves the right to charge the credit card account number on file for the balance owing, including applicable taxes.

4.11. Fees – Networking Fees

4.11.1. In some rural areas, additional networking fees may apply for our DSL services. These networking fees range from $5/month – $25.00/month depending on how far the Customer’s location is from the serving equipment. The Customer will be notified of any such networking fees prior to service activation, at which point the Customer may choose to continue with activation or cancel services, and request a full refund

5. Accuracy of Information on the Site

Fongo Internet strives to provide you with up-to-date and accurate information. However in the event that a misprint or another error does occur, Fongo Internet reserves the right to correct such misprint or other error, without liability to Fongo Internet.

6. Termination of use of Site and Service

6.1. Fongo Internet reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site and Service at any time without notice to you. Fongo Internet reserves the right to restrict or terminate Service if payment is overdue or if Service is abused. The following list sets out what is deemed abuse: (i) using the Service for telemarketing purposes, (ii) using the Service for crank calling or prank calling purposes, (iii) using the Service for autodialing, modem or faxing (including, fax broadcasting and fax blasting) and/or (iv) using the Service in a manner which is inconsistent with normal expected residential use of the Service.

6.2. In some cases, Fongo Internet reserves the right to terminate your access to the Service by providing you with ten (10) days notice. In such an event, Fongo Internet may at its discretion refund to you a prorated amount of any prepaid amounts received from you based on the number of full months remaining in your prepaid term.

7. Right to Cancel

7.1. The Customer may discontinue their Fongo Internet Service at any time for any reason with proper notice as defined below: (i) Cancellation requests must be via telephone (ii) In the case of a monthly subscription, the Customer should use their best efforts to notify Fongo Internet and provide a minimum of 10 business days notice to Fongo Internet. Account cancellations will occur at the end of the current billing cycle (iii) Cancellations receive no refunds where service has been delivered.

7.2. Customer agrees that services will be disconnected at any time on the disconnection date, not necessarily at the end of the day. If the requested date for cancellation falls on a weekend or Holiday, the earliest business day prior will be the date of disconnection.

8. Site and Services are Provided “As Is” and “when available”:

The Site and the Service are provided on an “as is” and “when available” basis, and without any representations of any kind. The operation of the Site and the Service may be affected by numerous factors beyond the control of Fongo Internet. Security and privacy risks cannot be eliminated.

9. Waiver of Damages and Limitation of Liability

Fongo Internet does not guarantee error-free or uninterrupted operation of the services nor shall it be liable for any failure, breakdown, interruption or degradation in a service or in the network or any other network or connection involved in the provision or use of services whatever the cause of such failure, breakdown, degradation or interruption and however long it lasts. Neither Fongo Internet nor any of its affiliates, employees, agents or representatives makes any warranties, representations, conditions or guarantees of any nature whatsoever regarding any service, product or Fongo Internet facilities provided by Fongo Internet to the customer, either express or implied, including, without limitation, those relating to: (i) Fitness for a particular purpose or merchantability with respect to the services; (ii) Network transmission capacity; (iii) The security of any transaction; (iv) The fault tolerance of the services or the suitability of same for high risk activities; or (v) The reliability or compatibility of the Fongo Internet facilities and equipment or software of third parties which may be utilized by Fongo Internet in providing, or by the customer in using, the services, and all warranties, representations and conditions, express or implied, are, to the extent permitted by applicable law, hereby excluded. The customer acknowledges that is has not relied upon any representation, warranty, condition or guarantee made by Fongo.

10. User Information

Unless required by court order Fongo Internet will not publish User’s name and will not make such information available to third parties.

11. Non-transferable

The right to use the Service is not transferable.

12. Intellectual Property Notices

12.1. The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of Fongo Internet Corporation, and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service. “Fongo”, together with all associated graphics, logos, and slogans, is a trade-mark of Fongo, and may not be used or reproduced without Fongo’s express prior written permission.

12.2. Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting by implication, estoppel or otherwise, any license or right to use any Marks displayed on the Site.

13. Governing Law

These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.

14. Force Majeure

Neither party shall be liable for any breach of these Terms and Conditions of Use or for any failure in performance resulting from any cause beyond such party’s reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labour trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.

15. Contact Information and Notice

If you have any questions regarding these Terms and Conditions of Use or the Site generally, please contact Fongo Internet Support;
Phone: 1-888-883-6646
Email: info@fongointernet.com

16. Failure to Comply With Terms and Conditions

Fongo Internet may deny User access to all or part of the Service without notice if User engages in any conduct or activities that Fongo Internet, in its sole discretion believes violates any of the terms and conditions in this Agreement.

17. Shipping and Handling

Unless otherwise specifically stated, the cost of shipping is not included with any orders or returns. The Customer agrees to pay for all shipping and handling of equipment in addition to any fee or charge for the Service. Unless otherwise stated, shipping is $15.00

18. Miscellaneous

18.1. Customer agrees to notify Fongo Internet, if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number User supplies to Fongo.

18.2. Accounts are created upon receipt of payment. Billing period starts upon service installation date. Fongo Internet bills one month in advance. Services require payment via credit card only. The Customer is responsible for updating any information on his/her Fongo Internet account

19. Fongo Internet High Speed Internet

19.1. Prohibited Uses:

19.1.1. The Customer may not Send Spam when dialed into the network. The following types of E-mail sent constitute as Spam:

• 1.1.1. Forged E-mails To/From address other than from the actual sender or to the actual recipient.
• 1.1.2. Message subject not related to the E-mail body.
• 1.1.3. E-mail not requested by the recipient.
• 1.1.4. E-mails sent in bulk by sender.
• 1.1.5. Mail bombs.

19.1.2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information which contains a virus, cancelbot, Trojan horse, worm or other harmful component.

19.1.3. Allow Users to run Maillist, Listserv or any form of auto-response from The Customer’s account;

19.1.4. Unauthorized Use of Relay Servers. The Customer agrees that any unauthorized use of any E-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

19.1.5. Fraudulent Addressing. The Customer agrees that the purposeful distribution of any E-mail message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered is prohibited. The Customer may not purposefully misrepresent the origination information of any E-mail messages sent while using the Fongo Internet Service.

19.2. Installation

19.2.1. Fongo Internet & its party contractors will use their best efforts to activate services at the customer’s demarcation point. Any wiring beyond the customer’s demarcation point is ultimately the responsibility of the customer, and not Fongo Internet or its contractors.

19.3. Service Interruption Credits

19.3.1. If Services are interrupted for a period of at least 24 hours after notice by the Customer to Fongo Internet, an allowance equal to 1/30th of any fixed billing cycle charges for the affected Service shall apply to each full 24 hour period during which the interruption continues. Credit in any billing period shall not exceed the total average monthly charges for that period for the affected Service. No allowance shall apply to any non-recurring or usage charges. The Customer’s sole and exclusive remedy for Service interruption shall be the credit outlined above

19.3.2. The Customer must request credit within thirty (30) days of the validated interruption, failing which the Customer forever waives its right to any credit for such outage. Fongo Internet reserves the right to determine in its sole and absolute discretion if an interruption is considered a validated interruption.

19.3.3. At no time will multiple remedies be provided to the Customer for same, similar or related troubles on the same line. Customer payables must be current prior to the Customer receiving any credits

19.3.4. No credit shall be provided for interruptions due to the following:

• 3.4.1. the failure of any component, equipment, wiring, network or system provided by the Customer or a third party;
• 3.4.2. network maintenance by Fongo Internet;
• 3.4.3. Force Majeure events;
• 3.4.4. acts or omissions, negligent or otherwise, of the Customer or a third party, or any breach of any term or condition by the Customer of the Master Services Agreement or any schedules or addenda attached thereto.

19.4. ITMP (Internet Traffic Management Policy)

Fongo Internet Fair Share Policy strives to provide its customers with a better Internet experience for everyone.

Fongo Internet, like many Internet providers in Canada, may from time to time be required to manage its network so that no application, service or user consumes more than their Fair Share of bandwidth which may impede the use and enjoyment of other users.

Fongo Internet’s Fair Share Policy is set out to improve every user’s online experience. For example, improved performance can be noted with: ‘Real-Time’ Browser Applications, Email Applications, Instant Messaging (IM), Online Gaming, Internet Radio, Streaming Video from Youtube, Netflix etc., as well, ‘client-server’ download services like iTunes, Mac Software Updates and Microsoft Windows Updates to name a few.

Fongo Internet is working hard to provide a better Internet experience for all Canadians. Fair Share dynamically modifies policies to balance available bandwidth and resources so valued customers get better Internet service – at all times.

Fair Share automatically responds to the changing network environment and subscriber usage patterns in real-time to ensure customers are always getting the fastest speeds possible. During peak times (4:30 P.M. to 2 A.M. EST.), customers may experience extended download or upload times when using Peer-to-Peer (P2P) file sharing, bulk transfers, operating system updates and application updates. Also, the quality of Real Time Entertainment (Netflix, YouTube, Flash Video, etc.) may be impacted when households are running many videos at the same time. Outside of this period, normal speeds can be expected. End-users may consider running these applications longer to complete their activities. Users may also want to consider using these applications or performing updates during the off-peak periods when there is no scheduled traffic management.

The Fair Share Policy is in place to ensure the best quality of Internet is available to the maximum number of users. Fongo Internet will update this policy as required from time to time.

In an effort to reduce the risk of a customer router or modem being compromised, Fongo Internet has made efforts to block these commonly exploited ports :

• TCP 80
• TCP 443
• TCP 8080

19.5. Installation.

The Customer shall be responsible for the installation of the Service. If the customer would like a Fongo Internet authorized installer to perform the work, it can be arranged, and will be billed directly to the customer by the Fongo Internet authorized installer. Fongo Internet’s standard pricing does not include any upgrades in wiring, cabling, routers or other equipment necessary for the Customer’s home to be prepared for installation. The Customer will be responsible to make and pay for any required changes or upgrades. In the event that the Customer fails to provide, prepare or maintain its locations and facilities for the installation of the Services, Fongo Internet shall not be liable for any resulting delay in commencing the Services or any service interruption and related damages, and the Customer shall be liable for any additional costs incurred by Fongo Internet in order to install or restore the Services.

20. Fraudulent Content – Acceptable Use

The Customer agrees to be held responsible for the distribution of fraudulent materials. Fongo Internet reserves the right to bill a Customer’s credit card if violating these terms results in costs of any kind to Fongo Internet.

21. Restricted Content

The Customer agrees not to post or transmit any of the following restricted contents: Illegal, Abusive or Unethical Activities including pornography, obscenity, nudity, violations of privacy, hacking, computer virus, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

22. Email Account

Fongo Internet does not provide E-mail accounts. Instead, Fongo Internet endorses Gmail (www.gmail.com) and recommends that users subscribe to Gmail to receive their invoices. Alternatively, the Customer may also phone our technical support office for assistance in signing up for a Gmail account

23. Equipment/Hardware

23.1. For certain Services, the Customer may purchase or rent hardware or equipment from Fongo Internet (“Equipment”).

23.2. The Customer shall cause the Equipment to be operated in compliance with the general operating specifications and standards of the manufacturer, and all applicable laws. The Customer will use the Equipment only in the manner for which it is designed and as a prudent and careful owner would.

23.3. In the case of rented equipment, the Customer will not sell, lease or otherwise dispose of the Equipment (or any part thereof) and will keep the Equipment free of all encumbrances. This does not apply to purchased equipment, so long the Equipment has been paid in full.

23.4. The Customer will bear the risk of loss, destruction or confiscation to the Equipment from the time the Equipment is delivered to the Customer

23.5. The Customer shall not modify the Equipment’s hardware, software, firmware or any other portion of the Equipment, except for what is provided on Fongo Internet’s Support page. Any alterations beyond this can hinder functionality of the Equipment, and will not be supported by Fongo Internet. In the event that these alterations prevent/alter the functionality of the modem, the customer will be charged a repair fee to be determined by Fongo Internet. In the event that the modem cannot be repaired, the customer assumes responsibility and must pay the full purchase price of the modem.

23.6. In the event of a modem exchange, the Customer will be charged a modem exchange fee as well as any fees for shipping/delivery of new Equipment and/or return of previous Equipment.

23.7. Upon termination of this Agreement, or termination of a certain Service hereunder, the all rented Equipment must be returned to Fongo Internet within ten (15) days from the date of termination, failing which, the Customer will be charged the full purchase price of the Equipment. Returned Equipment must include all original cables and power adapters, must not have any physical damage and must be in good working order.

23.8. Fongo Internet does not recommend, endorse or support the use of third party hardware not supplied by Fongo Internet.

23.9. Purchased hardware receives a one year manufacturer’s warranty. Defective hardware may be exchanged within that time period, however the Customer is responsible for any shipping charges

24. Service Specifications

24.1. Service speed is up to the advertised upload and download speeds listed on Fongo Internet’s website; for example, the speed ‘up to 10 Mbps’ means that the Customer can expect speeds up to 10Mbps or less.

24.2. Fongo Internet does not make any guarantees on the speed of the Customer’s connection due to the fact that speeds vary on many external factors outside of Fongo Internet’s control (including, but not limited to the distance between the Customer’s premise and Fongo Internet’s Central Office or remote server).

24.3. Fongo Internet shall use reasonable efforts to deliver and install the Service by the activation date. However, delays may occur due to such factors as the Customer’s availability or the acts or omissions of, third party suppliers or providers. Fongo Internet does not guarantee that Services will be delivered and installed by the activation date

25. Service Installation and Technician Appointments

25.1. If a technician needs to be dispatched to the customer premise, the customer will be notified by Fongo Internet and will need to agree upon an appointment date and time frame. It is then expected that someone will be home on that date during the agreed upon timeframe in order for the technician to access the premises. In the event that no one is home and the technician has no access to the household, the customer will be charged a fee of $25. This fee also applies if someone is home but refuses the technician access to the house/building. Please note: There is no guarantee that your service will be installed on the provided date, as external factors outside of our control can impede installation. In such a case, a follow up installation date would need to be arranged.

25.2. Any additional wiring or termination of circuits past the Customer demarcation point is the Customer’s sole responsibility. In the event the Customer requires wiring to be performed by Fongo Internet, such wiring may be performed by Fongo Internet at a fee to be determined by Fongo Internet. Fongo Internet offers no warranties or otherwise guarantees on any inside wiring work, as maintenance is the responsibility of the Customer

26. Fongo Internet Customer Referral Program

Fongo Internet reserves the right to terminate this promotion at any time for any reason whatsoever. Upon termination, any existing (in-progress) referral credits will still continue to be delivered as promised

27. Your Responsibilities

27.1. The Customer is responsible for getting and maintaining any software required to make use of your Fongo Internet connection. Fongo Internet provides no warranties for any internet or email or other connection software you may run on your computer. We assume no responsibility for any damages that may result from the use of such software.

27.2. The Customer is responsible for ensuring that use of this account does not result in damage or disruption to Fongo Internet internet service. If you suspect someone may be using your account without your permission you are required to notify Fongo Internet immediately. Otherwise you are responsible for any damages caused by such unauthorized use.

28. Service Support

28.1. Fongo Internet will offer support for configuring internet and email programs, but cannot provide support for other system software.

28.2. Fongo Internet will support purchased or rented DSL hardware from Fongo Internet but cannot support hardware not purchased or rented from fongo.com.

29. Complaints

Commissioner for Complaints for Telecommunications Services (CCTS)

Commission for Complaints for Telecom-television Services (CCTS) CCTS is an independent agency whose mandate is to resolve complaints of consumers about their telecom, and complaints of small business customers about their telecom services, free of charge. If you have a complaint about your telephone, wireless, or internet, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.

Additional Terms and Conditions for Fongo Internet High Speed Service

Resale of bandwidth or any other part of the High Speed service provided by Fongo Internet, for any purpose, is strictly prohibited