1. AGREEMENT: These Terms of Service, your signed Service Agreement and our Internet Usage Policy and all other policies posted on our Web site at www.routcom.com/policies constitute the entire agreement (the "Agreement") between you and ROUTCOM Inc. ("ROUTCOM" or "us" or "we") with respect to your use of the Service. By establishing an account or using the Service, you agree to be bound by and to use the Service in compliance with the Agreement. We may change, add or remove portions of the Agreement at any time. We will notify you of any changes to the Agreement by a posting on our web site, or by email, postal mail, or other means. Continued use of the Service following notice of the changes means that you agree to and accept the Agreement as amended. If you do not agree to the changes, your sole and exclusive remedy is to stop using the Service and notify us that you are terminating the Agreement.

2. THE SERVICE: The Service includes the Services specified on your Service Agreement and any other Services that we may provide to you. ROUTCOM provides the Service on a "reasonable efforts" basis and does not guarantee upload or download speeds. Service speed can vary depending on location, weather, inside wiring, Internet traffic, and other factors beyond our control.

3. CHANGES TO SERVICE: We reserve the right to change the Service, the monthly fees at any time upon 30 days notice. You understand that the wireless facilities used to provide the Service might change from time-to-time.

4. TERM: This Agreement will begin upon the activation of the Services and will continue for the minimum number of months specified on your signed Service Agreement. You acknowledge that you may not cancel this initial term. Upon expiry of the initial term, we will continue to provide the Service to you on the same Service plan (or on a similar Service plan if we no longer offer the same Service plan) and in such an event these Terms of Service will be automatically renewed for successive 1 month periods until terminated in accordance with Section 11.

5. FEES: You agree to pay us the applicable monthly fees for the Service, all applicable taxes, and any late payment charges that may be assessed (the "Fees"). You must provide us with accurate and complete billing information including your legal name, address, telephone number, and credit card/billing information, and report all changes to this information to us within 30 days of the change. You authorize us to make inquiries and to receive information about your credit experience from others, to enter this information in your file.

6. PAYMENTS: You authorize us to charge the Fees to the credit card or by way of post-dated cheques that you specified when you purchase the Services. The post-dated cheques must be received in advance. We are not responsible for any fees for overdrawn accounts or exceeding credit card limits. Delinquent accounts may be suspended or cancelled at our sole discretion; however, Fees will continue to accrue until the account is cancelled. We may bill an additional charge to reinstate a suspended account. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

7. EARLY CANCELLATION: You agree that if you terminate your subscription to the Services prior to the expiration of the initial term, we have the right, in addition to all other amounts due to us pursuant to these Terms of Service, as liquidated damages and not as a penalty, to receive from you an aggregate amount determined by multiplying the number of full months remaining in the non-cancelable initial term, by the monthly Fees specified on your signed Service Agreement.

8. INSTALLATION: You are responsible for all costs and scheduling associated with the installation. You are also responsible for all inside wiring necessary to install the Service. Installation and use of the Equipment may result in Service outages or potential damage to your computer. You are solely responsible for backing up all existing computer files. ROUTCOM and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts on or loss of any warranty associated with the opening of your computer for installation.

9. DISCLAIMER AND LIMITATION OF LIABILITY: The Service is provided on an “as is” and “as Available” basis. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful Components. Further, we do not warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. The entire risk as to the quality and performance of the Service is with you. We make no express warranties and waive all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability, and fitness for a particular purpose regarding the Service or any merchandise, information or Service provided through the Service or the Internet generally. No advice or information given by our representatives or us shall create a warranty. Routcom and its employees and agents are not liable for any costs or damages arising directly or indirectly from your use of the Service or the internet including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, ROUTCOM’s cumulative liability to you for any and all claims relating to the use of the Service shall not exceed the total amount of fees paid by you during the previous one-year period. Furthermore, ROUTCOM shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: other users accessing your computer; security breaches; eavesdropping; denial of Service; attacks; interception of traffic sent or received using the Service; your reliance on or use of the equipment or Services, or the mistakes, omission, Interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the equipment or Services; the use of the equipment or Services by you or a third party that infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights or contractual rights of any third party.

10. INDEMNITY – You agree to hold Routcom harmless and indemnify it in respect of any claim whatsoever related to or in connection with your use of the service.  Such indemnity shall apply to all damages, legal fees and costs incurred by or on behalf of Routcom in connection with any such claim.

11. TERMINATION: Either you or we may terminate this Agreement at any time after the initial term upon written notice given to the other party. If you should fail to pay the Fees or to pay any other amount owed to us at the times and in the amounts specified, or otherwise breach these Terms of Service, we may terminate the Services without notice and without any liability whatsoever. Reactivation of the Services may result in a reactivation charge payable by you as established by us. If we are prevented from providing the Services by any law, regulation, requirement, notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Services, you acknowledge and agree that we may immediately cease providing the Services without any liability to you.

12. FORCE MAJEURE - Routcom shall not be liable in damages nor shall you have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, lose of service due to weather related problems, wars, insurrections and/or any other cause beyond the reasonable control of Routcom.

13. GENERAL: The laws of the province in which you are using the Service exclusively govern this Agreement. We may sell, assign, or transfer your account to a third party without notice to you. You may not assign or transfer the Service without our written consent.

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or email sales@routcom.com