General Help

Terms and Conditions
1. Terms and Conditions
This is a contract. This is a contract between you, the customer and us, porchlight.ca ("PORCHLIGHT"), the vendor. It spells out the terms and conditions of your access to the Internet service (the "PORCHLIGHT INTERNET" service) and also limits our liability.

By opening an account under your name, and using the PORCHLIGHT INTERNET service, you agree to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS THE INTERNET THROUGH PORCHLIGHT, AND YOU SHOULD IMMEDIATELY TERMINATE YOUR INTERNET ACCOUNT (see Termination paragraph below).

PORCHLIGHT reserves the right to amend this Agreement. Notification of this amendment shall be posted to the PORCHLIGHT web page located at http://www.porchlight.ca/terms_and_conditions.html which is available for inspection via the Internet. If the amendment is unacceptable, you may terminate your access account (see Termination paragraph below). If you continue to use the PORCHLIGHT INTERNET service after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.

2. Your Account
You affirm that you are at least 18 years of age.

As the account holder, you are responsible for your account and the maintenance of your password. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of PORCHLIGHT to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, please notify PORCHLIGHT immediately and ask that your password be changed.

3. Customer Information
You agree to notify us if your contact telephone number or service address changes.

Information provided by you to PORCHLIGHT, other than your name, address, telephone number, and e-mail address, will be kept confidential, provided that such information may be disclosed in confidence to:

a) persons who, in the reasonable opinion of PORCHLIGHT, are your agents;

b) another telephone company, provided the information is required for the efficient and cost effective provision of telecommunications services;

c) a company involved in providing PORCHLIGHT or you with telecommunications related or directory related services; and

d) PORCHLIGHT agents or consultants, provided such agents or consultants agree to be bound by these provisions.

4. What You Are Purchasing When You Buy Internet Service
If you purchase Internet access from PORCHLIGHT, PORCHLIGHT is responsible only for making available dial-up Internet service on the 519 388-0100 (Chatham), 519 838-0110 (Guelph), 905 481-4299 (Hamilton), 613 887-0104 (Kingston), 519 579-8612 (Kitchener), 519 488-4244 (London), 905 674-0202 (Oshawa), 905 378-0110 (St. Catharines), 416 848-0008 (Toronto), and 519 968-0194 (Windsor) lines. If the Internet service is available, PORCHLIGHT has fulfilled its responsibility whether you use the service or not.

PORCHLIGHT is not responsible to provide a usable computer, software, or phone line, nor is PORCHLIGHT required to provide you with instructions on how to use your computer system.

5. Payment
Customers pay for PORCHLIGHT INTERNET service in advance of service. PORCHLIGHT accepts pre-authorized payment and payment by credit card (VISA and MasterCard).

Service will be enabled only after valid voided cheque or valid credit card information is received.

Payment for service is due immediately upon setting up an account. However PORCHLIGHT may not process a credit card or pre-authorized payment charge immediately. Charges will be applied on the next prescribed billing dates. (Normally the next first of the month.)

If payment is not collectable, PORCHLIGHT reserves the right to terminate PORCHLIGHT INTERNET service. Termination does not remove your responsibility under this Agreement to pay all charges incurred up to the date of termination. Upon termination of your account all data stored in directories set up for your account, including personal web page data and email, will be deleted.

PORCHLIGHT INTERNET service terms begin on the first of the month. A surcharge for a partial month may apply if service is started in the middle of a month.

If you are paying for your PORCHLIGHT INTERNET service on a monthly basis, and using credit card or pre-authorized payment, unless you have indicated that you wish your service to stop at the end of the current subscription, your service will be renewed at the end of the current subscription and you will be charged for the term of that renewal.

If you are paying for your PORCHLIGHT INTERNET service on a yearly basis, and using credit card or pre-authorized payment, in the month prior to your subscription end date you will be notified that your subscription is about to end. Notification will be emailed to your PORCHLIGHT email account. Also your browser services (port 80) may be temporarily redirected to an online notification from which you will be able to indicate your wish to renew services or decline renewal. You are responsible for all use of your account, by anyone, including the use of the online notification. You agree that responses to indicate your request to renew or decline renewal of PORCHLIGHT INTERNET service through the online notification are binding, and can be overturned only by contacting PORCHLIGHT five (5) days before the account renewal date.

6. Customer Hardware and Software
Other than software provided by PORCHLIGHT, you acknowledge and agree that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the PORCHLIGHT INTERNET service.

You agree to provide PORCHLIGHT or its designate with access to any such software and/or hardware as reasonably required.

You are required to show that your computer is functioning properly prior to PORCHLIGHT doing any work on your computer.

PORCHLIGHT is not responsible for any damage to or loss of data or software from your computer while installing or maintaining PORCHLIGHT INTERNET service. We recommend that you back-up all existing computer files by copying them to a different storage device prior to the configuration, installation or maintenance of any PORCHLIGHT INTERNET connection setup.

PORCHLIGHT will not provide technical support for components of your computer or for your computer network. It is your responsibility to ensure your computer and computer network are working properly so they may make use of the PORCHLIGHT INTERNET service.

7. Help Desk
The PORCHLIGHT INTERNET Help Desk will provide telephone assistance via a specified telephone number on a reasonable efforts basis during specified hours. Assistance is limited to your problems using the PORCHLIGHT INTERNET service and excludes problems related to your personal hardware and software. PORCHLIGHT cannot guarantee the resolution of any particular problem or PORCHLIGHT INTERNET service disruption.

8. Content Warning
You agree that you are aware that the PORCHLIGHT INTERNET service provides access to content that is for mature audiences only and which you may find offensive. PORCHLIGHT recommends that access accounts are not used by anyone under the age of 18 unless the minor's use is supervised by an adult.

9. Use of the PORCHLIGHT INTERNET Service
The PORCHLIGHT INTERNET service may be used only for lawful purposes. You agree not to:

a) transmit or link to any communication where the meaning of the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or its transmission is for the purpose of making an annoying or offensive communication to any other person;

b) obstruct the PORCHLIGHT INTERNET service's identification procedures in electronic communications which you initiate. Anonymous services may be used provided that you do not attempt to impersonate others;

c) engage in an unsolicited mass distribution of any message [NO SPAMMING!];

d) disrupt or interfere with the PORCHLIGHT INTERNET service or any service of any other Internet access provider;

e) engage in any activity that could compromise the security of the PORCHLIGHT INTERNET service or the security of other computers on the Internet; and

f) share, resell, or provide, as part of any commercial transaction, the PORCHLIGHT INTERNET service to any third party.

10. Definition of "Unlimited"
The term "unlimited" in the phrase "unlimited Internet", "unlimited Internet access", or "unlimited Internet service" is used by PORCHLIGHT to indicate an Internet service product whose cost to the customer does not change regardless of the number of hours the customer uses the service. The term thus distinguishes from Internet products where additional fees are charged to the customer if the customer uses the service beyond a set limit of hours.

The account holder agrees that the term "unlimited" does not bind PORCHLIGHT to guarantee access 24 hours a day, 7 days a week to the account holder.

The account holder agrees that the term "unlimited" does not indicate dedicated service and understands that the telecommunication equipment, telephone lines and computer equipment used to provide the service are being shared by all PORCHLIGHT customers and as a result if demand is high may be unavailable for short periods of time.

11. The right of PORCHLIGHT to terminate or limit account usage
PORCHLIGHT allocates system resources in a manner that best serves all PORCHLIGHT users. PORCHLIGHT reserves the right to limit, restrict or prioritize access to system resources.

PORCHLIGHT reserves the right to disconnect sessions after a pre-defined period of inactivity and to restrict the length of sessions if required.

The account holder agrees not to use Internet applications for the purpose of simulating network activity to avoid session inactivity disconnection.

No account holder shall use the PORCHLIGHT INTERNET service in such a manner as to prevent fair and proportionate use thereof by other clients of PORCHLIGHT.

If it is deemed that an account holder is utilizing their PORCHLIGHT INTERNET service in any manner that prevents fair usage by other clients of PORCHLIGHT or in a manner that is not proportionate with usage of other clients, PORCHLIGHT may:

a) bill the account holder for the disproportionate amount;

b) limit the account holder's use of PORCHLIGHT INTERNET services;

c) discontinue and refuse to provide PORCHLIGHT INTERNET services;


For security reasons, for example, to reduce the spread of spam and viruses, and to facilitate network management PORCHLIGHT may block incoming and/or outgoing connections to the following ports: port 80 (www), port 25 (smtp), port 135 and 139 (netbios), port 443 (https) and icmp packets. Other ports may also be blocked on a temporary or permanent basis without notice.

PORCHLIGHT provides online resources for customers to update their accounts. Among other things, customers may acknowledge or decline renewal of service subscriptions and update payment methods such as change the credit card that payments are made with. PORCHLIGHT reserves the right to temporarily restrict certain services, for example, redirect port 80 (www) to PORCHLIGHT online resources for the purpose of updating an account, as PORCHLIGHT deems necessary in order to keep the customer's account current and in good standing.

The account holder is solely responsible for any and all information contained on their home pages, web pages or web sites. If complaints are received regarding language, content or graphics contained on an account holder's home page, web pages or web sites, PORCHLIGHT may, at its sole discretion, remove the homepage, web pages, or web sites hosted on PORCHLIGHT servers and terminate the account holders PORCHLIGHT INTERNET services.

PORCHLIGHT reserves the right in its sole discretion to edit, delete or deny access to any information, software or other content appearing on our service, regardless of whether it violates the standards for content.

PORCHLIGHT reserves the right in its sole discretion to suspend or terminate service at any time. Time lost due to suspension or termination will not be reimbursed.

12. Email Abuse Controls.
PORCHLIGHT reserves the right to implement controls to prevent the abuse of email services. Actions considered abuse of email services include, but are not limited to, sending a high volume of emails, sending unsolicited emails (SPAM), and spreading viruses through email. PORCHLIGHT may at its own discretion suspend some or all email services for an account that is being used for abusive means.

In particular, if an account is being used to send a high volume of email (500 or more emails in one hour), or to a high number of recipients (more than 200 unique addresses in one hour), the SMTP (outgoing email) service of that account will be suspended.

13. Multiple Login Limitation
PORCHLIGHT restricts access to the Internet to one connection per account at any given time. You agree that you may configure any number of computers to use your account, but you may connect to PORCHLIGHT Internet with only one computer at any given time.

14. porchlight.ca Fair Usage Policy
Periodically the number of users requesting PORCHLIGHT INTERNET service may become high such that all available lines are in use. To be fair to all users and to promote efficient Internet use, PORCHLIGHT employs a program that gives infrequent users priority over frequent users during peak hours.

This program executes in the following manner.

1) When there is high demand for Internet access, connected users who have used the Internet 200 hours or more in the last 30 days may have their Internet connection disconnected.

2) These disconnected users will not be able to access the Internet for 10 minutes.

3) After the 10 minute period, the account will be enabled and the user may access the Internet as usual.

4) Users' Internet access will be disabled at most once per 24 hours. Thus the account will be disabled for at most 10 minutes per 24 hours.

5) Disconnections only happen during peak usage hours (usually evenings from 8pm to 10pm) when high demand prevents availability to everyone.

You agree to abide by the PORCHLIGHT Fair Usage Policy and agree that as a result the account holders access to PORCHLIGHT INTERNET service may be disconnected and disabled for short periods.

15. Copyrighted Material
Copyrighted material may not be uploaded without the permission of the owner(s) or person(s) they specifically authorize. If you place information, software or any other content in a public area, by doing so, you agree that you have thereby granted PORCHLIGHT a license to copy, distribute, edit, delete, publish and translate such content to the extent required: to provide the PORCHLIGHT INTERNET service to you, and to modify the content where such content breaches the terms of this Agreement.

16. No Warranty - Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE PORCHLIGHT INTERNET SERVICE IS AT THE USERS OWN RISK. PORCHLIGHT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES THAT ARE BEING PROVIDED. PORCHLIGHT EXPLICITLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATSOEVER.

Network performance and connectivity is not guaranteed. PORCHLIGHT will use reasonable efforts to ensure that those portions of the PORCHLIGHT INTERNET service over which PORCHLIGHT has direct control are functioning properly.

We are not responsible for any loss you suffer, or any party claiming through or under you, as a result of using the PORCHLIGHT INTERNET service including, but not limited to: the performance of the Internet; the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet; loss resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred; loss resulting from delays, computer viruses or interruption of the PORCHLIGHT INTERNET service, regardless of cause; and any losses or damages, including losses or damages to your equipment, facilities or software, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses, or defects in the transmission of information or data on the Internet.

Notwithstanding the limitations of liability in this Agreement, in the event that PORCHLIGHT is found liable in a court of law for any action or lack of action related to any use of the PORCHLIGHT INTERNET service from your account, you agree that our liability is limited to $100.

17. Indemnity
You agree to indemnify and hold harmless PORCHLIGHT, all of their officers, directors, agents, employees and shareholders, from all claims and expenses, including legal fees, which result from the use, by anyone, of your PORCHLIGHT INTERNET account, without limitation.

18. Compliance Measures
PORCHLIGHT reserves the right to monitor any and all communications and activity through or with the PORCHLIGHT INTERNET service to ensure adherence to the terms and conditions of this Agreement.

You agree that the PORCHLIGHT INTERNET service is not to be considered a secure communications medium and that no expectation of privacy is afforded.

In the event that PORCHLIGHT receives a complaint, PORCHLIGHT will investigate the complaint and, in its sole discretion, may suspend or terminate the account(s) involved and/or may remove the material from its servers. Customers will be notified of this proceeding. PORCHLIGHT reserves the right to release customer information to comply with an investigation into any activity which may violate these terms, and may report such activities to the appropriate authorities.

PORCHLIGHT reserves the right to prohibit, remove and/or block access to any content or Internet capability, including any pages, Usenet newsgroup and/or IRC channel, at any time for any reason, including those which contain: hyperlinks to material PORCHLIGHT deems inappropriate; and material which promotes or induces illegal activity.

19. Termination
Cancellation requests for PORCHLIGHT accounts must be received in writing via email, fax, or postal service at PORCHLIGHT's office. For all accounts, such requests must be received by 5 pm Eastern Time, five (5) days before the account would be renewed in order to be processed by the beginning of the next accounting cycle.

You agree that if PORCHLIGHT does not receive a cancellation request five (5) days before the account would be renewed, you are consenting to renew service and you are consenting to pay all fees incurred for the renewal of service.

PORCHLIGHT may suspend or restrict your account and the PORCHLIGHT INTERNET service or terminate this Agreement, at any time, if: the operations or efficiency of the PORCHLIGHT INTERNET service is impaired by the use of the PORCHLIGHT INTERNET service from your account; any amount is past due from you to PORCHLIGHT; or there has been or is any breach of any term or condition of this Agreement.

You are responsible to pay all fees up to the date of termination of the PORCHLIGHT INTERNET service.

PORCHLIGHT shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of this Agreement shall not relieve you from any amounts owing or other liability accruing hereunder prior to the time that such termination becomes effective.

You agree that all prepaid accounts are non-refundable.

You agree if you notify us of your intention to cancel your service within the first 48 hours of signing up, you will not be charged. The 48 hour period only pertains when you first signup. If you reactivate a cancelled or deactivated account, and cancel within 48 hours of reactivation charges will apply.

20. Changes
PORCHLIGHT reserves the right to change a customer's e-mail ID or make other changes to this Agreement or any aspect of the PORCHLIGHT INTERNET service as service, network or policy issues require. PORCHLIGHT will exercise reasonable efforts to inform you prior to making any changes. The current version of this agreement is available for review on the Internet at http://www.porchlight.ca/terms_and_conditions.htm

PORCHLIGHT may discontinue any or all classes of service at its discretion. Should PORCHLIGHT exercise this right customers will receive a pro-rated refund.

21. General
The failure of PORCHLIGHT to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. Each party irrevocably consents to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement or the PORCHLIGHT INTERNET service must be commenced within one year after the claim or cause of action arose, or it shall be barred.

PORCHLIGHT may assign or otherwise transfer its rights and obligations under this Agreement to a third party without your prior written consent. You may not assign or otherwise transfer this Agreement to any third party.

The parties have required that this Agreement and all documents relating thereto be drawn up in English.