NPC Wireless Service Addendum
"NPC" means No Panic Computing Inc. "Facilities" means the wireless network operated by the Underlying Carrier using the GPRS and/or EDGE or HSPA technologies. "Identifiers" means the codes and identifiers (including IMSIs, Internet Protocol (IP) addresses, personal identification numbers and e-mail addresses) assigned hereunder to Users or Equipment in connection with the Underlying Carrier’s Services. "Services and/or Wireless Services" means the wireless data communications services on the Underlying Carrier’s Facilities. "Third Party Facilities and/or Services" means facilities and/or services made available to the Underlying Carrier and/or NPC from a third party vendor appointed by the Underlying Carrier. "User" means a subscriber of NPC with Wireless Services. "Underlying Carrier" means the provider of wireless data communications services and facilities.
1.0. Limitations on Service. Wireless service is available only when the NPC notebook is within range of the wireless network of the Underlying Carrier Wireless service may be adversely affected by; (i) limitations of the Underlying Carrier’s network; (ii) limitations from Third Party Facilities and/or Services; (iii) limitations caused by weather or topographical factors; (iii) equipment modifications, upgrades, relocations, repairs or other similar activities.
2.0. Security of Transmissions. It is possible for third parties to monitor data traffic over the Underlying Carrier’s wireless network and privacy cannot be guaranteed. If the User desires to secure transmission of data, it must provide for its own means of doing so such as a secure VPN.
3.0. Identifiers. The User does not have any property right to unique wireless data transmission Identifiers such as IP address, IMSI number, or email addresses assigned to him by NPC or the Underlying Carrier. NPC or the Underlying Carrier may change an Identifier without any liability.
4.0. Limitations on Roaming Service. NPC or Underlying Carrier may provide roaming services to the User. Roaming is subject to the restrictions that may exist in the Roaming Agreement between the Underlying Carrier and the Third Party supplier. NPC or Underlying Carrier may suspend roaming privileges to the User if it discovers or suspects that the roaming services are being used in a fraudulent manner. Roaming applies only to use outside of Underlying Carrier‘s Services in Canada unless the User has subscribed to a US/Canada data plan. NPC agrees to use commercially reasonable efforts to provide the User with notification of any such suspension of roaming service and has no liability arising out of any failure to notify. NPC is entitled to add, modify or remove territories where roaming shall be available to the User. The User acknowledges that not all features and/or functionalities are available in each territory where roaming is available.
5.0. No Warranty. NPC makes no warranty, express or implied, as to the Underlying Carrier’s Services and Third Party Facilities and/or Services, including without limitation, any implied warranties as to merchantability or fitness for a particular purpose, nor does NPC warrant uninterrupted working of, or the privacy of any communications using, the Underlying Carrier’s Services or Facilities, and/or Third Party Facilities and/or Services.
6.0. Customer Confidentiality. NPC and the Underlying Carrier abide by the directives of Telecom Decisions CRTC 2003-33, 2004-27 and 2005-15 governing the confidentiality of customer information.
8.0. No Contractual Agreement with Underlying Carrier. The User expressly understands and agrees that it has no contractual relationship whatsoever with the underlying carrier providing the wireless data services to NPC and that the User is not a third party beneficiary of any agreement between NPC and the underlying carrier. In addition, the User expressly understands and agrees that the underlying carrier makes no representations or warranties whatsoever and shall have no legal, equitable, or other liability of any kind to the User, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise.
9.0. Data Usage Limits and Community Pooling. Monthly data limits are managed and community pooled with other subscribers of the same data plan. NPC allocates 2GB to the User per month, with up to 3GB available for occasional overage at no charge. Users who frequently use more than the 2GB allocation will be asked to consider a bigger plan, or service may be suspended when the allocation or community pooling limit is reached. Additional service used above the purchased plan amount may be subject to one-time service fees or an increase in the User’s Periodic Rent Amount in the NPC Lease Contract.
10.0. Changes to Underlying Carrier’s Services. The Underlying Carrier’s Services, Facilities and/or Third Party Facilities and/or Services shall be subject to modification without cost or liability.