The following are terms of a legal agreement between you and Allstream Inc. (“Terms”). Please read this Terms and Conditions document carefully before accessing or using the Allstream Website (“Site”). By accessing, browsing and/or using this Site (“Site”), you acknowledge that you have read, understood and agreed to be bound by these Terms and to comply with all applicable Canadian and U.S. laws and regulations. If you do not agree to these Terms, do not use this Site.
Allstream may modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified agreement on this Site. You agree to review the Terms periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of such modified Terms.
Restrictions on Use of Site
Allstream Inc. and its subsidiaries and affiliates (collectively referred to as “Allstream”) hereby authorize you to copy the materials published by Allstream on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of any copy of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
The products, technology and/or processes described in this Site may be the subject of intellectual property rights reserved by Allstream or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of Allstream or any third party.
The Materials have been compiled by Allstream from internal and external sources. However, while Allstream has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness, accuracy or currentness of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors or may have become out of date. You should therefore independently verify information obtained from this Site before relying upon it in any manner.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT.
ALLSTREAM SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THIS SITE, EVEN IF ALLSTREAM AND/OR ITS SUBSIDIARIES AND/OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Websites: Framing
This Site may provide links or references to other sites, including but not limited to sites provided by the government bodies, securities regulators, securities exchanges and news wire services. Allstream has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites and shall not be liable for any damages or injury arising from the content of these other sites. Allstream does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Allstream reserves the right to terminate any link or linking program at any time. There may be circumstances in which access to this Site is provided by a hypertext link located at another website. Allstream does not make any representations or give any warranties with respect to any information contained in or at these other sites and Allstream shall not be liable for any damages or injury arising from the content of these other sites. Allstream does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site on their respective websites. Unless approved in writing in advance by Allstream, you agree not to:
a) provide or create a link to this Site; and
b) create any frames at any other websites pertaining to any of the Materials located at this Site.
c) Contact the Allstream webteam to seek approval for linking to this Site.
Certain information of historical and/or archival nature is made available on the Site – including, but not limited to, press releases and financial reports – portions of which may become superceded or may be updated or corrected. Allstream does not make any representations or give any warranties with respect to the currentness or completeness or accuracy of such information and shall not be liable for any damages or injury arising from reliance on such information. The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. Allstream may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. Allstream shall have the right to revise these Terms at any time by posting revised Terms on this Site. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this posting to determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Certain statements contained on this Site including, without limitation, statements containing the words “anticipates”, “believes”, “intends”, “estimates”, “expects”, “projects” and words of similar import, constitute forward-looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of Allstream or industry results to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. For those statements, we claim the protection of the safe harbor for forward-looking statements provisions contained in the Private Securities Litigation Reform Act of 1995. Important discussion of various factors that may affect future results is contained in Allstream’s recent filings with the Securities and Exchange Commission and the Canadian Securities Commissions. These documents contain and identify factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements including, among others, the following: general economic and business conditions, both nationally and in the markets in which Allstream operates or will operate; demographic change; existing government regulations and changes in, or the failure to comply with, government regulations; competition; the loss of any significant number of customers; changes in business strategy or development plans; technological developments; the ability to attract and retain qualified personnel; the significant indebtedness of Allstream; the availability and terms of capital to fund the expansion of Allstream’s business; Allstream’s ability to interconnect networks, satisfy regulatory obligations and obtain rights-of-way, building access rights and any required governmental authorizations, franchises and permits, all in a timely manner, at reasonable costs and on satisfactory terms and conditions; and other factors referenced on this Site. Given these uncertainties, you are cautioned not to place undue reliance on such forward-looking statements. Allstream disclaims any obligations to update any such factors or publicly announce the result of any revisions to any of the forward-looking statements contained herein to reflect future events or developments.
Products and Services Availability
Allstream is a service provider operating in some, but not all, markets within Canada and the U.S. Therefore, it may provide access to market-specific information, which information may contain references or cross references to products, programs and services that are not currently available in all markets where Allstream conducts business. Allstream’s provision of references to such products, programs and services does not necessarily mean or otherwise imply that the products, programs and services announced or discussed are available in all markets where Allstream conducts business.
Governing Law and Jurisdiction: Compliance with Laws
Access to this Site is governed by Canadian law and/or the laws of the Province of Ontario. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a provincial or federal court located in Toronto, Ontario, Canada. You and Allstream agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
No delay or omission by Allstream to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Allstream of any of the covenants, conditions or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
Allstream, and the Allstream logos and designs are trademarks of Allstream Business, Inc. Any use of Allstream logos, designs, or product names without Allstream Business Inc.’s prior written consent is strictly prohibited.
Copyright Notice Obligations
Why did Allstream send me a notice of alleged Copyright Infringement?
Canadian law requires internet service providers to forward certain notices of copyright infringement. These requirements came into force on January 2, 2015 through the Copyright Modernization Act, and are sometimes referred to as the “Notice and Notice regime”. When Allstream receives a notice that complies with the legal requirements, Allstream is obligated by law to forward the notice to the subscriber associated with the electronic location identified in the notice. Allstream is required to inform the notice sender that the notice has been forwarded, and must retain information related to the notices. However, Allstream does not provide any of the subscriber’s personal information to the notice sender unless we are required by law.
If you have any questions or concerns about a notice you have received, please contact the person or company who originated the notice that you received.
For more information on the Copyright Modernization Act please visit the Government of Canada Justice Laws website Copyright Modernization Act.