Terms of Service

1. What are the Terms and Conditions of Service?

The terms and conditions of service (“Service Terms”) govern your use of any Services, as defined below.

Throughout this document:

• • “E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number;
  • “Agreement” has the meaning set out in Section 2;
  • Affiliate” has the meaning set out in the Canada Business Corporations Act, R.S.C., 1985, c. C-44;
  • “CCTS” has the meaning in Section 42;
  • “CRTC” has the meaning in Section 42;
  • “Cancellation Charges” are defined in Section 38;
  • “Customer Accessed Content” has the meaning in Section 24;
  • “Customer Provided Content” has the meaning in Section 25;
  • “E9-1-1” means enhanced 9-1-1 service which may provide emergency services personnel with your location information and phone number; 
  • “Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services;
  • “Fees” has the meaning in Section 7;
  • “Fixed Term” means a minimum contract period for a particular Service;
  • “I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
  • “Identifiers” means e-mail addresses, phone numbers, account numbers, personal identification numbers (“PINs”), Internet Protocol addresses, personal web page addresses, access codes and any other identifier assigned to you by Storm;
  • “Late Payment Charges” has the meaning in Section 9;
  • “My Account Customer Portal” is a customer portal on the Website that allows you to access features and information relating to your Services and your account with Storm;
  • “NSF” has the meaning in Section 9; 
  • “Policies” are defined in Section 12 of the Service Terms;
  • “Service Agreement” means an agreement setting out the terms for specific Services. Service Agreements are available on the Website at the following URL: https://storm.ca/terms-of-service/ ; 
  • “Services” mean any services that you subscribe to or receive through Storm, including but not limited to wireline Internet and fixed wireless broadband, Internet Protocol Television (“IPTV”) and Voice over Internet Protocol (“VoIP”). All Equipment and Software (as defined in this section) are considered elements of the Services;
  • “Service Terms” means this Service Terms document;
  • “Software” means any software used to access the Services or used in conjunction with the Services; 
  • “Storm” means 4141903 Canada Inc. c.o.b. as Storm Internet Services and its Affiliates;
  • “Storm Parties” means Storm, its partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives);
  • “Term” has the meaning in Section 4; 
  • “Software Documents” has the meaning in Section 22;
  • “us”, “we”, “our” or “ourselves” means Storm; 
  • “VoIP” means Voice over Internet Protocol services; and
  • “Website” means all content on the www.storm.ca domain.

2. What is included as part of my Agreement for Services with Storm?

The “Agreement” includes the Service Terms, Service Agreements [made available on the Website at the following URL: https://storm.ca/terms-of-service/ ] for Services to which you subscribe, any Storm document describing features, products or services and any other document incorporated by reference together with these Service Terms. In the event of an inconsistency between the constituent documents of the Agreement, the inconsistency will be resolved by giving preference first to any Service Agreement(s), then to the Service Terms, then to any other Storm documentation describing features, products or services, and lastly to any other documents incorporated by reference.

3. How do I accept this Agreement?

You acknowledge that you have read, understood and agreed to the Agreement by either: (i) placing an order for Services by any means including online or over the phone; or (ii) using the Services. 

If you do not agree to the Service Terms or the applicable Service Agreement(s), you may not use the Services.

4. How long does the Agreement last?

The “Term” of your Agreement with Storm begins when you accept the Agreement and will continue until the Agreement is terminated. Storm provides Services to you on an ongoing month-to-month basis unless a Fixed Term is set by a Service Agreement. If a Fixed Term expires, Services will continue to be provided to you on a month-to-month basis, unless you cancel the applicable Service in accordance with Section 34.

5. Can Storm change the Agreement?

Unless otherwise specified in the Agreement, Storm can change the Agreement and any aspect of the Services, including Services that are subject to a Fixed Term. Before we make any changes to the Agreement, we will give you at least thirty (30) days’ written notice by email, letter, bill insert or by posting the notice on our Website. 

If you continue to use the Service after thirty (30) days from the effective date indicated in the notice, the new service term will become effective.

6. What if I do not agree with a change that Storm makes to the Agreement?

If you do not agree with a change made by Storm, you may cancel the affected Services in accordance with Section 34. There are no Cancellation Charges if you decide to cancel because of a change that we make to the Agreement.

7. How does Storm bill me for the Services?

Storm will invoice you on the 15th of each month for the following month’s service, for recurring and one-time charges (collectively, “Fees”). All Fees and applicable taxes are invoiced and due by the date indicated in your invoice (net 30 days). In advance of the invoice date, you can log in to your account via Storm’s Customer Portal, located under the My Account tab on the Website, and access a statement of the Fees that will be due for the following month. Newly added Services or changes to your Services may result in pro-rated charges for a partial monthly billing cycle. Service Agreements may also modify the billing terms for certain Services.

8. How can I pay my bill?

You can pay your bill online through your bank account, or with select credit cards. You confirm that you are an authorized user of the credit card or bank account and that it is valid and has not expired. If you are using a method of payment that is subject to processing delays, you must ensure that Storm receives payments when the payment is due. You must promptly advise Storm if your credit card or bank account information changes by contacting us at the coordinates set out in Section 48 of these Service Terms.

9. What charges apply to late payments, rejected payments and other account processing actions?

If Storm does not receive payment when due, you will be subject to a late payment charge of 3% per month, applied to balances overdue by thirty (30) days & beyond. This late payment charge accrues on a daily basis and is calculated and compounded monthly on the outstanding amount (42.58 % per year) (“Late Payment Charges”) from the date of the first bill on which it appears until the date we receive that amount in full. You agree that we can charge any unpaid and outstanding amount, including any Late Payment Charges and taxes, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of Fees. Any account that exceeds a sixty (60) day overdue balance will be suspended. 

Administrative charges in the amount of $25.00 will be levied for administration or account processing activities in connection with your account, including as a result of:

• a change of any Identifier.
• equipment restocking charges;
• collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
• returned or rejected payments due to non-sufficient funds (“NSF”) or any other reason; and/or
• the restoral of Service

10. Are there special requirement for service upgrades?

Yes. Service upgrades are required to remain in place for a minimum of ninety (90) days. Providing an upgrade is successful, upgrade fees are $49.95+HST.

11. What if I dispute Fees on my invoice?

If you have any questions, disputes or discrepancies to report regarding Fees, you must do so within thirty (30) days of the invoice date. Failure to notify us within this time period will constitute your acceptance of such Fees. We will investigate disputes and if, in our sole discretion, we determine that a portion of the Fees was incorrectly charged, then we will reverse the disputed portion of the Fees. You must pay the undisputed portion of the Fees in accordance with Section 8.

12. Does Storm have any policies that apply to the Services?

Yes. From time to time, Storm may establish policies, rules and limits (collectively “Policies”) concerning the use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. The Policies are incorporated into these Service Terms by reference, and will be available on the Website.

13. Are there any limits to my use of the Services?

Yes. You agree to comply with and use the Services for your own personal, family or household use, in accordance with the Agreement and all applicable laws. You also agree not to: 

1. Resell the Services, receive any charge or benefit for the use of the Services; or
2. Transfer your Services without our express consent.

You must also follow any Policies setting out acceptable use guidelines for the Services and Equipment.

14. How can I be sure that Storm has accurate contact information for my account?

You are responsible for keeping the contact and payment information you provide to Storm (including name, mailing address, email address, address where the Services will be provided to you), phone number, and any authorized users) up to date via Storm’s Customer Portal. If this Agreement is cancelled, you will provide Storm with forwarding information for final invoices or correspondence if your new contact information is different from the information we have on file.

15. What am I responsible for if my Storm account is compromised?

You must notify Storm immediately using the contact coordinates provided in Section 48 should you suspect unauthorized use of the Services or if Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date.

16. Are there any warranties on the Services?

To the maximum extent permitted by law, Storm Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties. 

You bear the entire risk as to the use, access, transmission, availability, reliability, timeliness, quality, security and performance of the Services.

Storm Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the Storm Parties creates any term, condition, representation or warranty not expressly stated in the Agreement.

17. Does this mean that there may be circumstances when the Services are not available?

Unfortunately, yes. Performance and availability of the Service depend on several factors, including access to third-party providers and suppliers that Storm does not fully control.

18. Are there any limitations with respect to use of Equipment?

Yes. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

• • You will take reasonable care of the Equipment;
  • You may not sell, lease, mortgage, transfer, assign or encumber the Equipment;
  • You may not relocate the Equipment without our knowledge and permission;
  • If Equipment is lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of Equipment, together with any costs incurred by us in seeking possession of such Equipment;
  • If the equipment is not returned prior to ninety (90) days from the cancellation date, your option to return the equipment will expire and charges will be non-refundable; and
  • Upon termination of your Services, you will return Equipment (e.g. router), accessories (e.g., cables) and ancillary equipment (e.g, adapters) by mail, with adequate protective packaging (e.g., bubble wrap), to the address listed in Section 50 of the Service Terms.

Rent-to-own hardware (e.g. cable modems)

• • Rent-to-own hardware charges will be removed from your account on completion of payment.
  • Should you cancel your service prior to the set Term, you agree to be invoiced for the remainder of the purchase price of the equipment.

19. What happens if there are problems with Equipment?

For Equipment that you purchased from us, Storm will repair defects or replace defective Equipment at no cost within thirty (30) days after purchase. Manufacturers’ warranties only apply beyond the thirty (30) day period. For Equipment that you rent from us, Storm will repair or replace defective Equipment at no cost while the Equipment is rented. These Equipment warranties do not apply to: (a) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred, in Storm’s sole discretion, due to a defect in materials or workmanship; (b) damage caused by use with a third party component or product; (c) damage caused by accident, abuse, misuse, fire, liquid contact, earthquake, lightning, power surge, or other external cause; (d) Equipment that has been modified to alter functionality or capability; (e) defects caused by normal wear and tear or otherwise due to the normal aging; and (f) Equipment that has been stolen. 

Storm shall inspect all Equipment submitted for repair or replacement and shall determine, in its sole discretion, whether the Equipment is defective. In order to qualify for no cost repair or replacement of defective Equipment, you must provide the following to Storm by mail at the address identified in Section 48:  

• • The Equipment in its original packaging including all protective packaging (e.g. bubble wrap) and materials provided by the manufacturer; and
  • All accessories and ancillary equipment provided by the manufacturer (e.g. power adapter, remote controls and wires). 

Storm reserves the right to charge you for any Equipment or packaging that is not returned when you request an exchange or repair. Storm will specify the amount of any such charges upon request. Applicable charges may change from time to time. 

Except for shipping costs associated with repairs or exchanges of Equipment that Storm has confirmed to be defective, you are responsible for all costs related to shipping of Equipment. 

For additional details about the process and timelines for Equipment exchanges or repairs, please contact Storm at the coordinates set out in Section 48.

20. Do I need to grant Storm access to Equipment?

Yes. You agree to authorize us, our representatives and our suppliers to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair, remove, replace, investigate, protect, modify, upgrade, disconnect or improve the operation of our services, the Equipment or our facilities or networks. If any of your Services or accounts have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable. You must immediately notify us if Equipment is lost, stolen or destroyed.

21. Will the Service ever require changes of Equipment?

Yes. The Equipment, Equipment specifications and the location of Equipment require changes, at our sole discretion, from time to time. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

22. Are there any limitations to the use of Software?

Yes. Software, including all related documentation accompanying the Software (“Software Documents”), is for your own non-commercial personal, family or household use and may not be distributed, transferred or sold. All Software and Software Documents remain our property or that of our licensors or content providers, as applicable. You agree to take reasonable steps to protect Software and Software Documents from theft, loss or damage. You must review and agree to any applicable end user licence agreement of Storm, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the applicable Service Agreement.

23. Are Software updates required?

Yes. From time to time, you may be required to update your Software, including by way of automatic downloads. By entering into the Agreement, you consent to receiving these downloads. If you do not agree to receiving updates to Software, you may not use the Service and your only option is to terminate the Service Agreement for the Service(s) that are subject to the software update.

24. Is the content that I access through the Services subject to any intellectual property rights?

Yes. You acknowledge that content including, but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet (collectively, the “Customer Accessed Content”) is protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.

Your license to use Customer Accessed Content, unless otherwise permitted by applicable laws or by a valid licence to use such content for other purposes, is limited to your own personal, lawful, non-commercial use.

You further acknowledge that, except where expressly stated otherwise, all Equipment, Software, content, documentation, processes, designs, technologies, materials and all other things comprising the Services are owned by Storm, its licensors or its suppliers and are protected by applicable copyrights, trademarks, patents, trade secrets and/or other proprietary rights and laws.

25. Do I have any rights to the content that I provide in connection with the Services?

Yes. Storm does not claim ownership of information, materials, software or other content (collectively, the “Customer Provided Content”) that you post, upload, input, provide, submit or otherwise transmit to Storm or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Customer Provided Content to Storm or any third party, using the Services, you have thereby granted Storm a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Storm to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.

26. Who owns Identifiers used in connection with the Services?

Except where otherwise specified by Storm, Identifiers remain the property of Storm at all times.

27. How does Storm protect my personal information?

Storm protects your personal information in a manner consistent with its Policies and applicable laws.

28. Does Storm perform credit checks or report credit history?

Yes, by entering into the Agreement you agree that Storm Parties may perform credit checks on you and obtain information about your credit history from a credit reporting agency or credit grantor to activate Services you ordered, or to assist in collection efforts. Storm Parties may also disclose your Storm credit history to credit reporting agencies, credit grantors and/or collections agencies.

29. Will Storm send me commercial electronic messages?

Yes. By entering into the Agreement, you are providing your consent to receive commercial electronic messages from Storm. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages.

30. Is 9-1-1 service always available over VoIP?

No. There are some important differences and limitations in how 9-1-1 calling over VoIP technology operates when compared to basic and E9-1-1 services provided over traditional landline telephone service. Please review this section carefully before activating, installing or using Storm VoIP services.

With both traditional basic 9-1-1 and E9-1-1 service, your call is sent directly to the nearest emergency response centre. In addition, with E9-1-1 service, your call back number and last address are visible to the emergency response centre call-taker. With Storm VoIP service 9-1-1 calling, your call is sent to a national emergency call centre. When you make a 9-1-1 call using Storm VoIP services, you will be asked to confirm your location information regardless of whether that information is visible to the call centre operator. The call centre operator will then transfer your 9-1-1 call to the emergency response centre nearest your location. You should be prepared to provide or confirm your name, address and call-back number with the operator. Do not hang up unless you are told to do so. If your call is disconnected, immediately dial 9-1-1 again.

If you are unable to speak during a 9-1-1 call and the call centre operator has access to a call-back number and the last registered address associated with your Storm VoIP service, the operator will transfer the call to the emergency response centre closest to that address. In order for emergency services to be dispatched to the correct address in such cases, you must ensure that the registered address that you have provided to Storm is always the same as the physical address at which your VoIP device is located. Whenever you move the physical location of your VoIP device or you add a line or port a number, you must update your registered address accordingly. You may update your location information by logging into the VoIP portal at: www.storm.ca/voip. 

You acknowledge and understand that the Storm VoIP service or access to the Storm VoIP service, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

• • If your Equipment fails, is not configured correctly or does not meet Storm’s requirements;
  • In the event of a high-speed Internet service outage, regardless of the supplier providing the high-speed Internet service to you;
  • In the event of a network outage or power failure;
  • If you or somebody else tampers with or, in some cases, move the Equipment; or
  • Following suspension or termination of your Storm Services or Account.

There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 calls made utilizing Storm VoIP service as compared to traditional 9-1-1 calls dialled over traditional public telephone networks.

Storm does not currently offer Operator Service and so emergency services cannot be accessed through an operator by dialing “0”.

You should inform any business or household residents, guests and other persons who may be present at the physical location where you utilize Storm VoIP service, of the important differences and limitations of VoIP 9-1-1 calling as compared with traditional E-9-1-1 service, as set out above.

Storm does not have any control over whether, or the manner in which, calls using Storm VoIP Service 9-1-1 calling service are answered or addressed by any local emergency response centre. Storm disclaims all responsibility for the conduct of local emergency response centres and the national emergency calling centre. Storm relies on third parties to assist it in routing 9-1-1 calls to local emergency response centres and to a national emergency calling centre. Storm disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.

31. How do Storm Parties limit their liability for VoIP 9-1-1 services?

Depending on whether you are a resident of Québec or the rest of Canada, Storm Parties limit their liability for VoIP 9-1-1 services as follows:

You acknowledge and agree that, to the maximum extent allowed by law, Storm Parties will not be liable for any injury, death or damage to persons or property, arising directly or indirectly out of, or relating in any way to 9-1-1 calling from your Storm VoIP Service and you agree to indemnify and hold harmless the Storm Parties for any liabilities, claims, damages, losses and expenses, (including reasonable legal fees and expenses) which you or anyone accessing or attempting to access 9-1-1 calling from your Storm VoIP Service may suffer or incur, arising directly or indirectly out of or relating to your or that person’s failure to obtain access to 9-1-1 emergency services.

32. How do Storm Parties limit their liability?

You agree that, unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, Storm Parties’ liability for negligence, breach of contract, tort, or other causes of action, including fundamental breach, is limited to a maximum amount equal to the greater of twenty ($20) or an amount equal to the Fees payable during any service outage.

Other than the foregoing payment and to the maximum extent permitted by applicable law, Storm Parties are not responsible to anyone for:

(i) any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly to Services or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;

(ii) The performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of Services;

(iii) Any error, inclusion or omission with respect Services;

(iv) The denial, restriction, blocking, disruption or inaccessibility of any Services, public alerts or special needs services, Equipment or Identifiers;

(v) Any lost, stolen, damaged or expired Equipment, Identifiers, passwords, codes, benefits, discounts, rebates or credits;

(vi) Any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or

(vii) Any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the service or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

These limits are in addition to any other limits on Storm Parties’ liability set out elsewhere in the Agreement and apply to any act or omission of the Storm Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

33. Must I indemnify Storm Parties with regards to the Agreement?

Yes. You agree to indemnify and hold harmless Storm Parties from all demands, claims, proceedings, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by or made against Storm Parties, which result from or relate to the Services, your use of the Services or other matters related to this Agreement.

34. When and how can I cancel Services?

You may cancel any or all of your Services and any corresponding Service Agreement at any time by submitting an email cancellation request to billing@storm.ca. Cancellation Charges, as defined in Section 38, may apply.  To request a service cancellation, send an email to billing@storm.ca. For temporary service suspensions, log into the Customer Portal.

35. Can Services be transferred to another provider?

Some Services and Identifiers may be transferred to another provider, pursuant to the terms of the corresponding Service Agreement. Upon transfer-out of one or more Services and Identifiers to another provider, the applicable Service Agreements will be automatically cancelled. Cancellation Charges, as defined in Section 38, may apply.

36. When can Storm cancel my Services, with notice?

Storm may cancel any or all of your month-to-month Services and corresponding Service Agreements upon no less than thirty (30) days’ notice to you.

Storm may only cancel Fixed Term Services if (1) we no longer have the technical ability to provide those Services; or (2) in accordance with Section 37.

37. When can Storm cancel or suspend my Services, without notice?

Applicable to all Storm customers:

In addition to our rights to terminate your Services pursuant to Section 36, Storm may also restrict, block, suspend, disconnect or terminate for cause any or all of your Services, including 9-1-1 service, for cause, without notice, if:

• • You are in breach of a Service Agreement, including non-payment of your charges or non-compliance with any Policies;
  • You exceed reasonable usage limits, as determined by us;
  • You have given us false, misleading or outdated information;
  • We reasonably suspect or determine that any of your Services, Equipment and / or Identifiers are the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or networks by others;
  • You harass, threaten or abuse us or our employees or agents;
  • You fraudulently or improperly seek to avoid payment to us;
  • We need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks; or
  • We reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

38. What amounts must I pay if my Service(s) are cancelled?

If you or Storm cancels one or more of your Services you must pay all outstanding fees (including any installation fees for Services that have been installed but not activated), taxes, and Late Payment Charges on your final invoice for those cancelled Services. 

For month-to-month Services, Storm will provide a refund for the cancelled portion of monthly service Fees that you have paid in advance for Services. This refund will be pro-rated based on the number of days left in the last monthly billing cycle after cancellation. 

If, in accordance with the Service Terms, you or Storm cancel a Service that is subject to a Fixed Term prior to the expiry of the Term, then you must pay cancellation charges (“Cancellation Charges”) specified in the Service Agreement for those Services. 

To the maximum extent permitted by law, one-time activation and installation fees are non-refundable. A re-stocking fee may apply to Equipment that you return or Equipment that has been ordered but not shipped. If Equipment that you have purchased has been shipped prior to Service cancellation, the fees for the Equipment are non-refundable. One-time activation and installation fees and restocking/Equipment fees are intended to recover costs and constitute a genuine pre-estimate of liquidated damages in the event that a Service is cancelled.

Notwithstanding the foregoing, Storm does not issue any credits or refunds for cancellations for cause by Storm, pursuant to Section 37. Services may also be subject to different cancellation and refund terms, as set out in the applicable Service Agreement(s)

39. How can I restore my Service(s) if they have been restricted, blocked, suspended, disconnected or terminated by Storm?

Storm may, at its sole discretion, restore your Services, with or without conditions that may include:

• 1. Full repayment of outstanding amounts owing to Storm;
  2. Compensation for costs incurred by Storm in connection with your breach of the Service Terms, including costs incurred to enforce your compliance; or
  3. Changes to your Fees on an ongoing basis

40. What happens to credit balances on my final bill?

Generally, Storm customers do not have credit balances on final bills. However, if circumstances cause you to have a credit balance on your final bill, you may obtain a refund of this credit balance within sixty (60) days of receiving your final bill. To obtain your refund, send an email to Billing@storm.ca and provide a current mailing address.

41. Do I have to meet certain criteria to enter into this Agreement?

Yes. By entering into this Agreement, you represent and warrant that you have reached the age of majority in the province or territory of Canada applicable to the Agreement and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.

42. What is the process that applies to unresolved disputes with Storm?

The process for billing disputes is described in Section 11 of the Service Terms. More generally, if you have a dispute about Services, Software, Equipment, about this Agreement, or about what we say outside this Agreement, then we want to resolve the dispute quickly and fairly, and will work with you in good faith to do so. If you have tried to work with us but remain unsatisfied, then you have a right to escalate the dispute. Any unresolved dispute may be referred to voluntary single arbitrator arbitration. In such event, the fees for the arbitrator shall be shared equally by the parties.

If you are a consumer or small business with a monthly bill under $2500, you may escalate certain types of complaints externally with the Commission for Complaints for Telecom-Television Services (“CCTS”) (www.ccts-cprst.ca, 1-888-221-1687). CCTS is the telecommunications consumer agency designated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) to resolve certain consumer and small business disputes about telecommunications and television services. CCTS accepts complaints relating to service delivery, contract disputes, billing, credit management and unauthorized transfers of service.

43. Which Court has jurisdiction over claims related to the Agreement?

By entering into the Agreement, except where the Canadian Radio-television and Telecommunications Commission, the CCTS or an arbitrator has jurisdiction, you consent to the exclusive jurisdiction of courts located in the province in which your billing address is located. However, if your billing address is outside of Canada, you submit to the jurisdiction of the province or territory in which the Services are delivered.

44. What laws apply to this Agreement?

The Agreement is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province or territory in which the Services are delivered.

45. What if parts of this Agreement become unenforceable?

If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Storm. Even if Storm decides not to enforce any part of this Agreement for any period of time, the term still remains valid and Storm can enforce it in the future.

46. Can this Agreement be transferred?

Storm may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account(s) or the Service without Storm’s prior written consent.

47. Do any terms or obligations of this Agreement apply after the cancellation or expiry of the Agreement?

Yes. The cancellation, transfer or expiry of a Service Agreement or the Agreement shall not release you or us from any obligation which has accrued prior to that event, including but not limited to the obligation to pay any outstanding amounts owed for Services.

48. How do I contact Storm?

To contact Storm for any reason, including providing notices to Storm pursuant to this Agreement, you may reach us:

• • By Phone at 1-613-567-6585, or toll-free: 1-866-257-8676
  • By email: support@storm.ca
  • By logging into the Customer Portal

49. How do I contact Storm for technical support?

Unless otherwise specified in a Service Agreement, Storm offers technical support for its Services between 8:00 AM and 9:00 PM from Monday to Friday and between 9:00 AM to 5:00 PM on Saturdays and Sundays, with the exception of provincial and federal statutory holidays. You may contact Storm for technical support via the contact information set out above in Section 48.

50. Where do I return Equipment?

You can return Equipment by mail to the following address:

1760 Courtwood Crescent

Ottawa, ON 

K2C 2B5

This SLA is between Storm and the client. Storm may modify the terms of this SLA and updates will be posted on Storm’s website – www.storm.ca. Storm guarantees its network will be available with 99% uptime minimum.

RESPONSE TIME AND ESCALATION PROCEDURES FOR SERVICE INTERRUPTIONS:

Corporate:

1. Network malfunctions will be reported to Storm’s Commercial Client Services within 4 hours.
2. If the problem is not resolved within 4 hours, one of Storm’s Network Specialists will be notified.
3. If the problem has not been resolved within one (1) hour by a Network Specialist, Storm’s Support Services Manager will be contacted.
4. All Storm equipment relies on the Netsaint™ system to notify technicians of outages.

Note: Fibre services will fall under different response times and escalation procedures for service interruptions; please see your Storm Sales Representative for further details.

Residential:

1. Individual residential service issues must be reported by the client by calling Storm’s Residential Client Services.
2. Storm will make every attempt to debug the problem over the phone when talking to the client during regular Residential Client Services hours.
3. If the problem is not resolved over the phone, Storm has up to 2 business days to debug the issue.
4. Storm has an additional 2 business days to fix the problem for the client and this will, of course, depend on the client’s availability.
5. All Storm equipment relies on the Netsaint™ system to notify technicians of network outages.

Exceptions:

1. Scheduled maintenance: clients will be notified up to 4 days in advance, minimizing the inconvenience to the client.
2. Emergency maintenance: Storm will inform clients as soon as the failure has been identified.
3. Force majeure: neither party will be liable for any failure that occurs due to factors that are beyond reasonable control.
4. Performance issues caused by factors that are beyond the control of Storm including failures of the Internet.
5. Service interruptions caused by the actions of a client or caused by the client’s equipment.
6. Non-payment of services by the client.

Introduction

4141903 Canada Inc. c.o.b. as Storm Internet Services (“Storm”) is committed to being the best possible network citizen. This means playing our part to maximize the usefulness, functionality and enjoyment of the Internet. In order to fulfill these goals, we require every person who uses the Services, Equipment and / or the Website, as defined in the Storm Terms and Conditions of Service (“Service Terms”), to comply with the terms of this Acceptable Use Policy (“AUP”).

Throughout the AUP, all capitalized terms have the meaning defined in the Service Terms. For additional clarity:

1. • • “I”, “me”, “you”, “your” and “yours” refer to you but also to persons that you authorize to use the Service or act as your agent with regard to the Service;
     • “us”, “we”, “our” or “ourselves” means Storm;

If you do not agree to be bound by this AUP, as amended from time to time, you must immediately stop using the Services, Equipment and / or Website and notify Storm that you are cancelling the Services, pursuant to the Service Terms and any applicable Service Agreements.

Prohibited Activities

When using the Services, Equipment and / or Website, you are prohibited from assisting others, using, enabling, facilitating, or permitting the use of any Services, Equipment and / or Website for:

a)  uses or purposes contrary to applicable laws and regulations;

b). any illegal or criminal purpose including but not limited to acts relating to: harassment/stalking, child pornography, obscenity, uttering threats, communicating hatred, fraud, hacking or unauthorized use of a computer and mischief relating to data;

c). uses that give rise to civil liability or that violate the rights of Storm or any third party, including, but not limited to violations of rights relating to: copyright infringement, trademark infringement, patent infringement, misappropriation of trade secrets and defamation;

d). invading, breaching or undermining the privacy of other Internet users;

e). using harassing or abusive language or actions, whether verbal, written or otherwise, with: our employees, suppliers, agents, representatives and any Internet users or groups;

f). restricting or inhibiting any other user from using or enjoying the Internet;

g). impersonating other subscribers of ours and engaging in fraudulent activities, including but not limited to, forging anyone’s digital or manual signature;

h). reproducing, distributing, selling, reselling or otherwise exploiting the Services or content we provide or which you obtain through the Services for any commercial purposes without our express written consent;

i). copying, distributing, sub-licensing or otherwise making available any software or content we provide or make available to you or which you obtain through the Services, except as authorized by us;

j). transmitting content including, without limitation, unsolicited messages (i.e. Spam) that, in our sole judgment, causes interference with, or disruption of, Storm’s network or the Internet or the use or enjoyment of the Internet by other end-users, whether intentional or unintentional;

k). interfering or attempting to interfere with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network, including but not limited to compromising the security of, or tampering with, system resources or accounts, denial of service attacks, overloading a service, improper seizure and abuse of operator privileges (“hacking”) or attempting to “crash” a host, disrupting sessions of other Internet users or consuming excessive amounts of central processing unit time, memory or disk space;

l). consuming excessive amounts of bandwidth in a manner that interferes with computer networking or telecommunications systems and/or service to or from any Internet user, host, server or network;

m). accessing or attempting to access any Internet host, computer, software or data belonging to any other person without that person’s authorization, or using any tools designed to facilitate such access, such as “packet sniffers”;

n). transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information (including, without limitations, guessing programs, cracking tools or network probing tools) designed to assist users in compromising the security of the Service, the Storm network or telecommunications services.

o). transmitting, posting, publishing, disseminating, receiving, retrieving, storing or otherwise reproducing, distributing or providing access to any files, programs or information that is harmful or disruptive (including, without limitations, viruses, “cancelbots”, “trojan horses” and “worms”) even if the purpose is to test or analyze a host’s security mechanisms;

p). attempting to receive any Services without paying the applicable Fees;

q). modifying or disassembling Services or Equipment;

r). changing any Identifier issued by Storm without Storm’s consent or otherwise forging or manipulating Identifiers for a malicious or improper purpose or to disguise the origin of any content transmitted through the Services;

s). using an Internet host’s resources in a manner that is not authorized by its administrators. This includes mail relaying, transmitting chain letters, make-money-fast or pyramid style schemes of any sort; and

t). unless you have purchased Services that are specifically designed and authorized to support such functionalities, operating a server in connection with the Services including but not limited to mail, news, file, gopher, telnet, chat, web, or host configuration servers, multimedia streamers, or multi-user interactive forums.

How does Storm respond to violations of the AUP?

In accordance with the Service Terms, Storm can restrict, block, suspend, disconnect or terminate any Services, or the Agreement for cause if the AUP is violated. Storm may also take any other measures that are necessary to address a violation of the AUP to the maximum extent permitted by law including, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts and/or filtering of Internet transmissions.

Storm will assess the circumstances giving rise to the breach before making a determination.

Will Storm change the AUP?

We may at any time and from time to time amend this AUP by posting notice of the amended AUP to the Website. The changes shall be effective as of the date that the Policies are posted to the Website.

What laws apply to the AUP?

The AUP is governed exclusively by and construed in accordance with the laws of the province or territory in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province or territory in which the Services are delivered.

Where should complaints relating to breaches of the AUP be directed?

Please direct any complaints relating to violations of this AUP by email to support@storm.ca or by phone at 1-866-257-8676 or (613) 567-6585.