TCONNECT TERMS OF SERVICE

PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TERMS”), WHICH GOVERN YOUR USE OF THE RTSI SERVICES (AS DEFINED BELOW). BY ACCESSING THE RTSI SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS WHICH CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND ROGERS TRANSIT SERVICES INC. (FORMERLY BAI COMMUNICATIONS INC.) (“RTSI”). IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS, USE OR REGISTER TO USE THE RTSI SERVICES.

1. DEFINITIONS

For purposes of these Terms, the following terms have the following meanings:

• “RTSI Services” means (a) the Internet services operated by RTSI, commonly known as “TCONNECT WiFi”; (b) TCONNECT WiFi related captive portal and website(s) (collectively, “Site”); and (c) all software developed and made available in connection with any of the foregoing. Any new features added to or augmenting the RTSI Services are also subject to these Terms.
• “Location” means an area where RTSI Services are provided to persons who have accepted these Terms, and may include a subway station, platform, underground, entrance or ground-level station, a store, concourse, hallway, common area and onboard subway trains.

2. SERVICE TERMS

• Service Use. The RTSI Services are intended for personal use only by permitted users at a Location and are not intended for business purposes. RTSI will use commercially reasonable efforts to provide access to the RTSI Services to you, however you acknowledge that RTSI cannot guarantee that wireless access will be available at all Locations, all of the time or that access will be at any particular bandwidth rate.
• MAC Addresses & Personal Information. By accessing or using the RTSI Services, you acknowledge that RTSI records and retains the MAC (Media Access Controller) address used with your mobile device for the operation and protection of the network. RTSI will use your MAC address in accordance with its data policies as further described in the Privacy Policy. The Privacy Policy also sets out the terms on which RTSI collects and uses other information about users of the RTSI Services.
• Content Filtering and Service Control. RTSI may prioritize, restrict, block, or otherwise set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the RTSI Services for certain applications and/or websites. This may impact the functioning of high bandwidth applications and/or websites, and/or prevent you from accessing such applications and/or websites. RTSI Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed. In addition, RTSI may implement rate-limiting, URL filtering or other content filtering which block access to certain websites, applications or content while at a Location (“Content Filtering”). You acknowledge and agree that RTSI will have no liability for such Content Filtering and will not be liable to you for any acts, omissions, performance or non-performance related to the Content Filtering.
• Security. RTSI does not guarantee the privacy of any transmission you make through the RTSI Services or the security of your device or equipment against viruses or other malicious code. You should have no expectation of privacy from third parties when transmitting information through the RTSI Services, which could include the interception of data transmission over wireless or wired connections. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your information and other content and for safeguarding of your password (if applicable). RTSI will have no liability to you for any unauthorized access or use of any of your data or other content, or any interception, corruption, deletion, destruction or loss of any of your information or other content. RTSI recommends that all users familiarize themselves with their browsers and learn to identify and understand the differences between secure and regular connections and be aware of the implications of transmitting personal information over an insecure connection. RTSI strongly recommends that its customers take measures to ensure the security of their data across any Internet connection. As with any high-speed service, including DSL and cable, it is strongly suggested that you utilize the RTSI services with the active use of security solutions, such as personal firewalls, anti-virus software, virtual private networks and encryption; however, we do not provide these solutions for our users and cannot guarantee their effectiveness. It is the user’s responsibility to evaluate their personal needs and workplace requirements and obtain and properly configure appropriate security measures.
• Monitoring. RTSI retains the right to monitor the RTSI Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation or other lawful governmental request; (ii) to operate the RTSI Services properly; and/or (iii) to ensure or enforce compliance with these Terms or to protect RTSI or RTSI’s other customers or otherwise protect RTSI, its users or the general public. RTSI also reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems unacceptable or in violation of any law.

3. REQUIREMENTS, CONDITIONS FOR ACCESS TO AND USE OF THE BAI SERVICES.

• Acceptable Use Policy. You agree, that in accessing and using the RTSI Services, you will not engage in any illegal, harmful, unauthorized or unlawful activity, including without limitation:
  
  • violation of any applicable laws or regulations;
  • infringement of intellectual property rights;
  • hacking, accessing, tampering with, or using non-public areas of the RTSI Services or technical delivery systems of RTSI and its providers;
  • probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures; interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the RTSI Services;
  • using the RTSI Services for high volume or commercial use;
  • using any automatic method to circumvent access controls, avoid inactivity disconnect, or to otherwise obtain or maintain a connection unless you have authenticated via RTSI’s prescribed methods and are actively using the connection;
  • uploading to, distributing to, or otherwise disseminating through the RTSI Services any material or information of any kind that is libelous, defamatory, obscene, pornographic or abusive;
  • impersonating any person or falsely misrepresent your affiliation with any person or entity;
  • uploading, distributing or sharing any content for which you do not have the creator’s authorization or the license rights to use in that manner; or
  • “spoofing” or configuring any device to mimic another user, network device (such as an access point) or network function (such as a captive portal) in order to intercept transmissions, gain or maintain network access, or circumvent network authentication or security systems.
• RTSI’s Remedies. Without prejudice to RTSI’s other rights and remedies, RTSI may take any one or more of the following actions in response to breaches of these Terms: (i) issue warnings; (ii) suspend your account or your access to the RTSI Services; (iii) terminate your account or the Services (as applicable); or (iv) bring legal action to prevent violations and/or to collect damages RTSI is legally entitled to, if any, caused by violations.

4. CONTENT TERMS

• RTSI Content. All right, title, and interest in and to the RTSI Services are and will remain the exclusive property of RTSI and its licensors. Nothing in these terms gives you a right to use the RTSI or TCONNECT™ name or any of the RTSI trademarks, logos, domain names, or other distinctive brand features.
• User Content and Account. You are solely responsible for your use of the RTSI Services, for any content you provide through the RTSI Services, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the RTSI Services. You are responsible for maintaining the confidentiality of your login, password and account (as applicable) and for all activities that occur under your login or account. You further agree that, RTSI may remove or disable any such content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content).
• Third Party Content. All content transmitted on or via the RTSI Services is the sole responsibility of the originator. By using the RTSI Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS AND INDEMNITY

• Disclaimer of Warranties. THE RTSI SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. RTSI NEITHER REPRESENTS NOR WARRANTS THAT THE RTSI SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RTSI AND ITS AFFILIATES, PARTNERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT RTSI DOES NOT WARRANT THAT THE RTSI SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR RTSI SERVICESS OBTAINED BY YOU FROM RTSI OR THROUGH THE RTSI SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, RTSI MAKES NO GUARANTEE THAT THE RTSI SERVICES WILL BE AVAILABLE TO YOU AT ALL TIMES OR THAT THE ACCESS WILL BE AT ANY PARTICULAR BANDWIDTH RATE OR THAT YOU WILL BE ABLE TO ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE RTSI SERVICES. YOU AGREE THAT RTSI HAS NO RESPONSIBILITY OR LIABILITY IF YOU CANNOT ACCESS THE RTSI SERVICES, OR IF AVAILABLE BANDWIDTH IS LOWER THAN EXPECTED, OR IF YOU CANNOT ACCESS CERTAIN APPLICATIONS OR SITES THROUGH THE RTSI SERVICES. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND RTSI MAKES NO WARRANTIES RELATING TO SUCH RISKS.
• Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL RTSI, ITS AFFILIATES OR THEIR RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR ANY LOSS THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE RTSI SERVICES, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU FOR THE RTSI SERVICES OR, IF NO FEES APPLY, ONE HUNDRED ($100) DOLLARS (CDN). THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RTSI SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
• Indemnification. You agree to defend, indemnify and hold harmless RTSI from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of these Terms; or (ii) the placement or transmission of any information or other materials through the RTSI Services made by you or others using your account. RTSI reserves the right, in its discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to co-operate as fully as reasonably required in the defense of any claim.

6. GENERAL TERMS.

• Governing Law. Any disputes arising hereunder shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario to resolve any disputes.
• Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
• Entire Agreement; Changes to Terms. These Terms and the Privacy Policy are the entire agreement between RTSI and you regarding the RTSI Services. These Terms supersede and replace any prior agreements between RTSI and you regarding the RTSI Services. RTSI may revise these Terms from time to time and the most current version will always be at www.tconnect.ca/terms/. By continuing to access or use the RTSI Services after those revisions become effective, you agree to be bound by the revised Terms. If any change to these Terms is not acceptable to you, your only remedy is to stop accessing and using the RTSI Services. You may not assign these Terms without the prior written consent of RTSI, but RTSI may assign or transfer these Terms, in whole or in part, without restriction.
• Suspension and Termination. If you are dissatisfied with the RTSI Services or with these Terms or our Privacy Policy, your sole and exclusive remedy is to discontinue using the RTSI Services. These Terms shall survive any such termination. RTSI reserves the right in its discretion to suspend or terminate your account and/or access to the RTSI Services at any time with or without prior notice including in the event that: (a) you have violated these Terms; or (b) RTSI Services require repair or maintenance work including updates or upgrades to the contents and/or functionality of the RTSI Services from time to time. RTSI also reserves the right to modify or discontinue, temporarily or permanently, the RTSI Services (or any part thereof) with or without notice to you. RTSI shall not be liable to you or any third party for any modification, suspension or discontinuation of the RTSI Services.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET OUT ABOVE. BY USING THE RTSI SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.