Terms of Clearwave FWA Service

Clearwave Broadband Fair Use Policy

To ensure fair Internet access for all Clearwave Broadband subscribers, Clearwave Broadband maintains a Fair use policy. This policy establishes an equitable balance in Internet access for all Clearwave Broadband subscribers. Clearwave Broadband assigns a download threshold to each service plan that limits the amount of data that may be continuously downloaded within specified time periods. Subscribers who exceed this limit may be temporarily suspended.

How Does The Fair Use Policy Work?

Who Is Affected By The Fair Use Policy?

Some users consume much more bandwidth than the average user, resulting in subscription restrictions. Typically, we find that the top 25% of users consume 45% of the total bandwidth, which is six times more than the average user. By providing a download allowance, we can ensure that more of the shared bandwidth is available for everyone to use, improving the experience for most users.

Clearwave Broadband strives to maintain a minimum speed of 75% for all service plans, including "unlimited" plans. However, we reserve the right to alter or lower minimum or maximum speeds if excessive data usage negatively affects other customers’ experiences on the network. These instances are rare, and restrictions can typically be lifted by calling our network operation center. Managed Services will not have their services suspended, but Clearwave Broadband retains the right to renegotiate plans and packages. Subscribers can avoid limitations imposed by the Fair Use Policy if their usage is typical of most internet users regarding sustained throughput.

Our goal is to provide fair and consistent access to the internet for all Clearwave Broadband customers. To minimize the impact of heavy users on other customers’ experiences, we have implemented a Fair Use Policy. This policy is designed to affect the fewest number of customers while helping to maintain the best speeds for most customers

What Services Generally Use Most Of Your Download Allowances?

Full-length movie or video downloads (e.g., Netflix streaming movies)
Purchasing and downloading videogames (From Steam, PSN, Game Pass, etc. Many contemporary videogames are over 100GB)
Downloading very large files (i.e., file sizes that are close in size to the download threshold of your service plan)
Peer-to-peer (P2P) file sharing programs.
Continuous downloading or viewing streaming media content such as audio or video programming
Hosting of server devices such as email, FTP or Web servers
Hosting computer applications such as Web-cam feeds
Internet-based PC backup services that archive your data on a central server
Extensive downloading of attachments from Usenet Newsgroups (NNTP)

Prohibited Activities

Criminal Offences While using the Communication Services, the Customer is prohibited from, in CLEARWAVE BROADBAND’ sole judgment, posting, uploading, reproducing, distributing, or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:

Communicating hatred
Pyramid selling
Unauthorized use of a computer
Mischief in relation to data
Fraud
Defamatory libel
Obscenity
Child pornography
Harassment/stalking
Uttering threats

Civil Offences And Violations Of The Rights Of Others

While using the Communication Services, the Customer is prohibited from, in CLEARWAVE BROADBAND’s sole judgment, posting, uploading, reproducing, distributing, or otherwise transmitting information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate the rights of CLEARWAVE BROADBAND or any third party, including, but not limited to, the violations listed below:

Copyright infringement
Trade-mark infringement
Patent infringement
Misappropriation of trade secrets
Defamation

Other Prohibited Activities

While using the Communication Services, the Customer is prohibited from engaging in or assisting others to engage in any activity that, in CLEARWAVE BROADBAND’ sole judgment, (1) violates applicable policies, rules or guidelines of CLEARWAVE BROADBAND or other on-line service providers, (2) disrupts or threatens the integrity, operation or security of any Communication Service or any computer or Internet system, (3) elicits complaints from other Internet users or Internet service providers, (4) is contrary to any law or regulation, or (5) is otherwise objectionable. Examples of such prohibited activity include, but are not limited to:

Scanning or probing another computer system
Obstructing or bypassing computer identification or security procedures
Engaging in unauthorized computer or network trespass
Maintaining a relay service open to the public
Engaging in denial-of-service attacks
Posting, uploading, reproducing, distributing, or otherwise transmitting any data, information or software that constitutes a virus, trojan horse, worm or other harmful or disruptive component
Exporting equipment, software, or data outside of Canada or the U.S. in contravention of applicable export control legislation
Falsifying address information, modifying message headers to conceal the Customer’s identity or impersonating others, for the purpose of circumventing this Acceptable Use Policy
Posting, uploading, reproducing, distributing, otherwise transmitting, or collecting responses from unauthorized or unsolicited duplicative e-mail messages, junk or bulk e-mail messages, chain letters, newsgroup postings or other “spam” (CLEARWAVE BROADBAND reserves the right to determine, in its sole discretion, whether a message constitutes “spam”)
Engaging in any conduct that directly or indirectly encourages, facilitates, promotes, relies upon or permits the foregoing prohibited activities including, without limitation, failing to implement reasonable technical or administrative measures to prevent spam, viruses and worms

Service Limitations

The Services offer a variety of access speeds and service plans. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations. Also, to ensure fair network access to all users, CLEARWAVE BROADBAND may manage network resources using methods including, but not limited to:

allocation of bandwidth, which may limit the availability or speed of service.
filtering for spam and malicious content, which may occasionally result in unintended blocking of inoffensive content; and
restricting the network access available to specific transmission protocols.

Clearwave Broadband Fair Use Policy

At Clearwave Broadband, our goal is to give each of our customers the fastest service possible at the lowest possible price.

We provide many of our customers with unlimited internet access, allowing them to enjoy unlimited data usage without any restrictions. However, to maintain a high-quality experience for all our customers, we may need to implement certain measures to manage excessive usage. Our Fair Use Policy is designed to ensure that all our customers can access the internet at reasonable speeds, without any interruptions. If your usage exceeds a certain level, we may temporarily reduce your internet speeds. Please note that this reduction in speed will only be temporary and will not affect your ability to access the internet. We want to ensure that all our customers can enjoy a high-quality internet experience, and we appreciate your understanding and cooperation in helping us to achieve this goal.

For our customers that are not on unlimited service plans, you will be limited to the amount of monthly data use according to the service plan you are paying for. Upon exceeding said threshold your service will still function but will do so at a lower rate until the new month begins and your data quota returns to 0. This policy applies to all users of our services, including residential and business customers. Under this policy, all customers are allowed to use our internet services for reasonable personal and business purposes. This includes activities such as browsing the web, checking email, streaming video, and music, and participating in online gaming. However, our services should not be used for excessive or unreasonable activities that may impact the experience of other users. This includes activities such as running a server, hosting a website, or conducting illegal activities.

If we determine that a customer is using our services in a way that violates our fair use policy, we may take action to address the issue. This may include limiting the customer’s bandwidth, blocking access to certain websites or services, or terminating the customer’s service. We reserve the right to modify this fair use policy at any time, and we encourage all our customers to review it regularly. If you have any questions or concerns about this policy, please contact our customer support team for assistance.

Clearwave Broadband High Speed Internet Usage Terms

1.0 Terms of Service and changes to Terms of Service

1.1 Clearwave Broadband will provide the user named above with access to the high-speed internet service provided by Clearwave Broadband on these terms. In these terms, we refer to the user as “user”, and Clearwave Broadband as “Clearwave”. By using the Clearwave service, you accept these terms.

1.2 Clearwave may change these terms (withstanding its charges for the Clearwave service) from time to time. If you do not accept the changes, you must immediately terminate the Clearwave service by sending a notice under section 12.

1.3 You agree that notice of any change in these terms may be given by posting on the Clearwave website and by ordinary mail.

1.4 In addition to these terms, Clearwave has also adopted a Usage Policy which governs your use of the Clearwave service and may in fact; limit your use of the Clearwave service. Details are outlined further in this agreement.

2.0 Service, Allowances and Charges for Exceeding Allowances

2.1 The Clearwave service is a means of internet access via wireless modem (the equipment) connected to your computer or wi-fi router. In exchange for a monthly subscription fee as detailed on Clearwave’s website for Residential or COmemrcial Internet Services, Clearwave will deliver the subscribed service to your home by means of FWA (Fixed Wireless Access) technology and does not include a wireless router device for your home. This wi-fi device can be purchased separately by the subscriber or can be purchased from Clearwave directly for an additional fee.

2.2 The Service provides up to four (4) e-mail accounts upon request and varying quantities of data usage in gigabytes. Any allowance not used in any month may not be carried forward. One (1) DHCP assigned IPv4 static IP address will be issued per subscriber. Additional IP addresses are available.

3.0 Equipment Provided by Clearwave

3.1 Clearwave will provide the subscriber unit radio (wireless modem - remains the property of Clearwave), the Ethernet cable and power unit to power the wireless modem and technical assistance in configuring home wi-fi servcies. If you ask Clearwave to return and reconfigure your computer, initial connectivity to the Internet, and/or configure wi-fi, Clearwave may charge a service fee of $85 plus tax.

3.2 The customer may require a "wireless router" for creation of wi-fi in the home and this equipment is must be capable of connecting to a standard Ethernet demarc device provided by Clearwave.

3.3 Clearwave may provide and configure a wireless router to share the service in your home as required. This router will remain the property of the customer and will only be supported for 30 days by Clearwave. After 30 days, the customer will be required to contact the manufacturer of the router for technical support. Clearwave supplies the router as a convenience service only as our technical staff are trained in the setup of these devices and to make the installation of internet services for all computers in the home convenient for the customer. Clearwave’s primary object is to provide internet service, not home networking service. Clearwave can support your home network setup after 30 days, however any and all technical support questions will be billable at a standard IT technical support rate of $85.00 / hour or portion thereof. Mobilization charges may apply of a technician is required to visit your home.

4.0 Charges for The Clearwave service withstanding Additional Charges

4.1 Clearwave will charge monthly in advance for the Clearwave service commencing on the first day of each and every month after installation until you or Clearwave terminate the Clearwave service. Contract start dates not on the first of the month will be pro-rated based on a 30 day month to the first of the following month,
4.2 If you exceed the monthly allowance in section 2.2, you are subject to an additional charge. The current monthly additional charge is $0.95 per GB.
4.3 Clearwave may change the Clearwave service charges after the initial contract period.
4.4 Clearwave may require a non-interest bearing $ 300 deposit on some accounts.

5.0 Access to User’s Premises

5.1 You authorize Clearwave, its servants, agents, employees, contractors and representatives to enter your premises in order to install, maintain, inspect, repair or remove the Equipment. Access to your premises may or may not be at a mutually convenient time to Clearwave and you.

6.0 Permitted use of the Clearwave service

6.1 You agree to use the Equipment and the Clearwave service only as permitted by law and following Clearwave’s Usage Policy. The Usage Policy will be posted from time to time on the Clearwave website.

7.0 Prohibited Use of the Clearwave service

7.1 You agree not to use equipment or services and you further agree not to permit or allow use of the Equipment or Service, directly or indirectly to:
        (a) Invade another person’s privacy; post, transmit, distribute or disseminate content which is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive or objectionable; post, transmit or disseminate objectionable information withstanding without limitation any transmissions consisting or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any municipal, federal or international law, order or regulation;
        (b) Copy, distribute or sub-license any software provided by Clearwave, except that you may make one copy of each software program for backup or archival purposes only;
        (c) Alter, modify, tamper with, or relocate the equipment and or services without prior notification to Clearwave in order to permit Clearwave to relocate the equipment for you within your premises;
        (d) Restrict, inhibit or otherwise interfere with the ability of any other person to use or enjoy the equipment, services or the Internet, withstanding without limitation, posting or transmitting of any information or software which contains a virus, lock, key, bomb, worm, Trojan horse or other harmful or debilitation feature; or generating levels of traffic sufficient to impede others ability to send or retrieve information; (e.g. ping flooding another users IP address);
        (e) Disrupt Clearwave’s backbone network nodes or network services;
        (f) Use the Equipment or Services in a way which is contrary to the Clearwave spamming policy posted on the Clearwave Web Site (www.clearwave.ca);
        (g) Run World Wide Web, FTP or other servers from your premises without Clearwave’s approval;
        (h) Resell Clearwave Internet Services and/or resell Internet services using Clearwave’s primary service.

8.0 File Sharing Programs / Video Streaming

8.1. Programs such as Bit-torrents and other file-sharing programs effectively turn your computer into a server and may greatly increase upstream and downstream traffic from and to your account. Use of these programs may cause you to exceed your traffic allowances resulting in additional charges. Overuse of these programs may also constitute abuse of the Clearwave service and lead to termination.
8.2 Video streaming services such as Netflix, Apple-TV, Crave-TV/Shomi, and YouTube and others consume a large amount of your monthly data transfer. Exceeding your plan’s data limit may incur over-usage fees, suspension of service until additional bandwidth is purchased, or restrict any further video streaming until the next billing cycle occurs.

9.0 Change of Residence

9.1 If you move to a new address within the geographical area served by Clearwave, you must notify Clearwave of the change in address.

10.0 Privacy Policy

10.1 Clearwave has no obligation to monitor the traffic content however, you acknowledge and agree that Clearwave has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental requirement, to operate the Clearwave service properly, or to protect itself or its subscribers. Clearwave reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms.

10.2 All personal Information retained by Clearwave including contact and financial details will only be held in our billing database while the subscriber remains a current customer and post (terminated) accounts will have information retained for 1 calendar year. No information will ever be shared with any partner or affiliate of Clearwave Broadband Networks or third-party entity. The information Clearwave retains is solely for the use of Clearwave Broadband’s ongoing service to our customers.

11.0 Clearwave’s Retention of Rights

11.1. Nothing in these Terms shall be construed to limit Clearwave’s recourse against any User for any act or omission of you in connection with the Clearwave service in breach of these terms, at law, and/or the usage of policies set by Clearwave from time to time.

12.0 Termination

12.1. Termination Rights - Either party may terminate the Clearwave service at any time after the initial installation 60-day grace period, upon providing the other party with 30 days notice either by phone, email, or written notice. For cancellations of a service prior to the end of the billing month, Clearwave will refund a prorated portion of prepaid month coinciding with the remaining days of that billing period provided there is no outstanding balance. The refund will be processed within 30 days of the termination date and the refund will be processed to the same payment method as the service was prepaid by. In cases of delinquent balances, the remaining balance may be forwarded to a collection service for debt recovery.

12.2. User’s Obligation Upon Termination - You agree that upon termination of the Clearwave service:

(a) You will pay to Clearwave for your use of the Equipment and Services up to the later of the effective date of termination of the Clearwave service or the date upon which the Clearwave service and Equipment have been disconnected and returned to Clearwave.

(b) You will return all Equipment to Clearwave withstanding without limitation any software provided by Clearwave.

13.0 Warranty

13.1 An initial 60 day money back guarantee on your installation fees if the service either does not work reliably or meet your expectations is offered.
13.2 Clearwave does not warrant uninterrupted use or operation of the equipment or services.
13.3 Clearwave does not warrant that any data or files sent by or to you will be transmitted in an uncorrupted form or within a reasonable time.

14.0 Back-up Requirements

14.1 The installation, use, inspection, maintenance, repair and removal of the Equipment may result in service outages or potential damage to your computer. You agree to back-up all existing computer files by copying them to another storage medium prior to installation of the Equipment. Clearwave shall have no liability whatsoever for any damage to, or loss, or destruction of your software, files or data.

15.0 Ownership/Damages Re: Equipment

15.1 All Equipment, (except network hardware such as hubs and NIC’s purchased by the user), will at all times remain the property of Clearwave. You may not sell, any part of the Equipment to any third party. You shall pay for the full retail cost of the repair or replacement of any lost, stolen, unreturned, damaged, sold, together with any costs incurred by Clearwave in obtaining or attempting to obtain possession of any such Equipment, up to a maximum of $900.00 plus applicable taxes. You hereby authorize Clearwave to charge the user’s VISA, MasterCard, other credit card or other payment method authorized by you for any outstanding Service and Equipment charges due to Clearwave.

16.0 Virus / Firewall Limitation

16.1 Virus and Firewall protection is the responsibility of the user. Clearwave will assume no liability for virus infection as a result of using the internet. The responsibility for virus detection and removal will be the responsibility of the user. Clearwave will not support any technical issues that arise from third party software the client installs on their computer (s).

17.0 Limitation of Liability

17.1 Clearwave is not liable to you or to any third party for:
(a) Any direct, indirect, incidental, special, punitive or consequential losses or damages, withstanding loss of profits, loss of earnings, loss of business opportunities and personal injuries (withstanding death), resulting directly or indirectly out of, or otherwise arising in connection with, the use of the Clearwave service by you or any other user of the Equipment or the Clearwave service, withstanding, without limitation, any damage resulting from or arising out of your reliance on or use of the Equipment or the Clearwave service, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of performance of the Equipment or the Clearwave service;
(b) Any losses, claims, damages, expenses, liabilities or costs (withstanding legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, damage suit or other proceeding based upon a contention that the use of the Equipment or the Clearwave service by you or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.

17.2 This limitation applies to all acts, omission, or gross negligence of Clearwave, its officers, employees, agents, contractors or representatives, which, but for this provision, would give rise to a cause of action against Clearwave in contract, tort or any other legal doctrine.
17.3 Your sole and exclusive remedies are as expressly set out in these terms.
17.4 In the event of any breach by Clearwave, its affiliates or its gents, withstanding any breach of fundamental term or negligence, your exclusive remedy is to receive from Clearwave payment for actual and direct damages to a maximum amount equal to the fees paid by the Customer to Clearwave in the past three months.

18.0 General

18.1 These Terms shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.
18.2. These Terms replace all prior written or verbal Terms regarding the Clearwave service.

19.0 How to Contact Clearwave Broadband

19.1. For any inquiries or notices required in connection with these Terms, you may contact Clearwave by e-mail at info@clearwave.ca or support@clearwave.ca or by telephone at 780-669-9283 for general inquiries or 780-701-3401 for tech support.

Privacy Policy

Clearwave’s policy on all aspects of our website and services is to respect and protect the privacy of our users. Clearwave does not disclose, rent or sell your email address or any of your personal information we may receive to any third party, without your express, written consent.
Please note that contributions you make to the site (ISP Ratings and reviews) become the property of Clearwave, which we can delete or modify as we may see fit. (We never, ever take credit for your words or quotes, however)
At any time you may communicate with Clearwave via private email; No matter the content, your contact details and information remain confidential, unless you give explicit permission to pass it on to a third party.
Any comments, complaints or compliments you make in private about an ISP or your experiences with an ISP will remain confidential - they will never be passed along to the ISP unless you specifically give permission to do so, with one exception:

Any comments posted publicly or privately via Clearwave that is deigned to maliciously attack or libel an ISP, accuse and ISP of illegal acts without a conviction from a Canadian Court, contact information WILL be given out to aid in prosecution.

Changes

We reserve the right to make changes to this policy at any time. It is your responsibility to check this page from time to time to keep updated on any changes, though we will make best efforts to notify users of changes.