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iRoam Terms of Service ("Terms of Service")

By activating and using these Services (as defined below), You acknowledge that You have read, understood and agree to these Terms of Service. iRoam's Privacy and Acceptable Use Policy are incorporated by reference and form an integral part of these Terms of Service. Please read these Terms of Service carefully. By checking the "I have and read and accept the terms and conditions" of the iRoam Terms of Service box during registration for an account or using the Services, You agree to be bound by these Terms of Service.

1. Definitions

The following definitions apply:

"Charges" means all charges or fees for the Services, including any additional usage charges, surcharges, restocking fees, transfer fees, pricing and features applicable to any specific Service.

"Equipment" means the equipment provided to you by iRoam for the purpose of providing and facilitating the Services. Equipment includes, but it is not limited to, the iRoam SIM Card and the Webbing Spot, 3G mobile cellular router.

"iRoam" means iRoam Mobile Solutions Inc. or any of its subsidiaries or affiliates.

"Laws", means any legislation, regulation, rule, governmental order and decision (including those of the CRTC or a regulatory authority).

"Parties" means You and iRoam, and "Party" means either one of us, including Your and iRoam's officers, directors, employees and agents.

"Services" means the telecommunications services iRoam provides to You, including, as the case may be: (A) iRoam's SIM card and roaming services ("Roaming Services"), (B) mobile Internet services, (C) security and management services, and (D) other services that iRoam may provide from time to time.

"Term" means the initial period of the Terms of Service as set out in these Terms of Service and any Renewal Term.

"Terms of Service" means these Terms of Service, iRoam's Acceptable Use Policy ("AUP"), which can be viewed at http://personal.iroam.com/legal.aspx, and iRoam's Privacy Policy, which can be viewed at http://personal.iroam.com/privacy.aspx.

"User" includes any person, including but not limited to You, that uses or accesses the Service. Derivative terms such as "Usage" and "Use" will have corresponding meanings.

"You, Your, Yours" mean the person, firm, corporation or other entity entering into these Terms of Service;

These Terms of Service may be changed and updated from time to time by iRoam and iRoam will post an updated version on its website available at www.iroam.com/home/legal and may additionally give You notice of any changes by mail or messaging on your monthly bill. Your continued use of the Services thereafter will be deemed acceptance by You of such changes. Please keep checking our website for the latest version of these Terms of Service.

2. Services

  1. You agree to subscribe for the Services, and iRoam agrees to provide the Services to You subject to the terms hereof. You may subscribe for additional Services from time to time, in accordance with these Terms of Service.
  2. You may use the Services and Equipment for lawful purposes only. You will at all times use the Services and Equipment in compliance with these Terms of Service and all applicable Laws and iRoam's AUP.
  3. You shall not resell, sub-license, transfer or make a charge for the Services or the Equipment without the prior written approval of iRoam.
  4. Eligibility restrictions, if any, will be noted when You register for each Service. iRoam will keep a record of all Services provided to You.
  5. Services are only available in iRoam's operating territory and only where it is possible and commercially reasonable for iRoam (in iRoam's sole determination) to provide such Service. You acknowledge and agree that iRoam may conduct a preliminary check to determine if a Service is available in Your area.
  6. In addition, iRoam is not required to provide Services to You where: i) iRoam would have to incur unusual expenses which You will not pay; for example, special construction; ii) You owe amounts to iRoam that are past due other than as a guarantor; or iii) You do not provide credit information satisfactory to iRoam or a reasonable deposit, as requested by iRoam from time to time and as determined, at least in part, by your usage patterns and quantity.

3. Roaming Services and Telephone Numbers

  1. Roaming Services are based on a combination of SIP-based Voice-over-Internet Protocol ("VoIP"), GSM and the Public Switched Telephone Network ("PSTN") services. The Roaming Services provide connectivity and/or forwarding of calls between your mobile telephone number and a different mobile telephone number.
  2. When iRoam allocates any telephone numbers to You, You will not have any rights to these telephone numbers except for the sole purpose of using the Services in accordance with these Terms of Service.
  3. iRoam may, for commercial, operational or technical reasons, or to comply with any Law, withdraw or change any telephone number allocated to You. iRoam will endeavor to give You reasonable notice in this event.
  4. To forward calls, You must be able to "call forward" your cellular, mobile and/or PSTN calls to the designated iRoam phone number. You may be subject to applicable tariffs, charges and/or taxes for these calls by a third party. iRoam will in no way be responsible for such charges.
  5. To use the Roaming Services, You are required to have a SIM-unlocked compatible international GSM cellular phone with the applicable bands for your destination.
  6. iRoam offers SIM card users a high degree of coverage via the GSM mobile network. Coverage depends on the network, technical and operational capabilities of the roaming partner. Gaps in coverage may nevertheless be encountered even in areas that are designated as covered, particularly inside buildings or remote areas. Lists and maps of coverage areas are available on iRoam's website. iRoam will update this information when additional service becomes available.

4. Service Activation and Term

  1. The initial term of the Services will begin on the date that iRoam activates your Service.
  2. If You subscribe for Service(s) for a specific term, Your Service(s) will automatically renew for the same successive term(s) unless you provide iRoam with a written notice of termination at least thirty (30) days before the end of the applicable term.

5. Your Termination

  1. If You subscribe for Service(s) on a monthly basis, You may cancel Your Service(s) at any time, provided You give iRoam thirty (30) days prior written notice. Upon cancellation of such Service(s), You will remain responsible and agree to pay all charges which You owe iRoam until the effective date of Your cancellation, recognizing that due to varying service agreements with wireless carriers, some call charges may take up to 180 days to be billed and appear on subsequent invoices and/or account statements.
  2. If You subscribe for Service(s) for a specific term, You may cancel your Service(s) before the end of the term, provided that You give iRoam thirty (30) days prior written notice and you will be responsible for all remaining charges payable over the remainder of the term, including, but not limited to, all fixed monthly charges, unbilled charges, plus a disconnection fee, if applicable. Such charges will immediately become due and payable. In addition, in the event that You lease iRoam Equipment as part of the Service(s), upon termination You will be charged the full value of the Equipment (the "Equipment Charge"). The Equipment Charge, less iRoam's applicable restocking fee, will be credited back to You provided the Equipment is returned iRoam in good working order within thirty (30) days from your termination notice. The Equipment Charge will not be refunded if iRoam does not receive the Equipment within this period.
  3. The above termination provisions are in addition with any right to cancel Service(s) in accordance with legislation that may apply in your Province or State of residence.
  4. For prepaid Services, expiration occurs when your credit balance in your account has been depleted and the ability to use the Services to make or receive calls has been deactivated. Any credit balance in your account will expire if You do not renew your service for a period of six months. Your SIM card and any telephone number provided by iRoam is retained for a period of 10 days from Service expiration after which your iRoam phone number will be reclaimed and your SIM card will be deactivated.
  5. iRoam does not accept third party termination requests.

6. Suspension and Termination by iRoam

  1. iRoam may suspend or terminate Service, without any liability to You whatsoever, if You (or other User, as may be applicable): (a) fail to pay Your account that is past due; (b) fail to meet iRoam's credit requirements; become bankrupt or otherwise insolvent; (c) harass, threaten or otherwise act unreasonably towards iRoam, its employees or agents; (d) are in breach of these Terms of Service; (e) Use the Services contrary to Law, public policy or decency standards, or reasonable usage policies instituted from time to time by iRoam; (f) charge or allow others to charge any other person for the Use of the Service without iRoam's prior written agreement; (g) alter or otherwise interfere with iRoam's facilities, equipment, network or connections; (h) any other breach of these Terms of Service.
  2. Prior to suspension or termination, iRoam will make reasonable efforts to provide You with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in iRoam's reasonable discretion, during which You will have the opportunity to rectify the reason for proposed suspension or termination.
  3. Notwithstanding anything contained herein to the contrary, iRoam will not provide notice of a proposed suspension or termination: a) where immediate action must be taken to protect iRoam's facilities, equipment, network or connections, to protect the safety or security of others (including protection against abusive behavior); (b) to stop the commission of any offence (including fraud; (c) to ensure compliance with any Law, court order or other legal requirement; d) where iRoam reasonably believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; or e) in an emergency situation.
  4. In the event of a suspension or termination of the Service, all features and associated services, will also be suspended or terminated. A suspension or termination will not affect Your obligation to pay any amounts owed to iRoam either during or after the suspension or termination, including the full month's charges for the month where your Service is suspended or terminated. A reactivation fee may apply to reactivate Your Service after it has been suspended.
  5. Following a suspension or termination of Service, iRoam cannot guarantee the availability or resumption of any previous numbers, codes or other identifiers that may have been applicable to You.
  6. Upon termination of your Service, all outstanding Charges will become due and payable to iRoam including delayed usage charges up to 180 days after cancellation date and under no circumstances will You be entitled to any refund of payments made.
  7. In the event of a termination of a Service, plan or Service or plan feature by iRoam, You will be responsible for paying all charges incurred up to the applicable termination date.

7. Delivery of Equipment

  1. iRoam will make reasonable efforts to deliver any Equipment required to use the Services (e.g. SIM Cards) by the requested delivery date. iRoam will deliver such Equipment to the shipping address confirmed by You at Your own risk.
  2. While iRoam will make reasonable efforts to deliver the Equipment, iRoam shall not incur any liability to You in the event of any delay as such reasons relating to but not limited to weather, customs, force majeure and any other issues beyond our reasonable control.
  3. You agree to accept the Equipment when delivered to You. If You do not accept the Equipment delivery, for any reason, You shall be liable for the delivery costs in full. All items returned to us based on your non-acceptance will also incur a 25% restocking fee.
  4. You are encouraged to examine the Equipment delivery upon receipt and immediately notify iRoam if Equipment is not in good working order at the time of receipt or is not the correct items ordered. Failure to do so within seven (7) days of receipt will result in the void of any refund.
  5. You are responsible for and will be invoiced for all Charges incurred from the date of delivery until the date You notify iRoam in writing that the Equipment is not working.
  6. All returned Equipment must be returned 100% complete, including all of its components, all original boxes and packing materials, manuals, and other accessories provided by the manufacturer.
  7. In the event Equipment is returned incomplete, scratched or in damaged condition, iRoam reserves the right to refuse crediting of your account and the Equipment will be returned to You. The return freight will also be billed to your credit card.
  8. The Equipment will be considered to be in good working condition, unless You give notice to iRoam to the contrary within five (5) days of receiving the Equipment.
  9. Where You have bought the Equipment from iRoam, You are responsible for all return shipping charges for any hardware returned to iRoam for any reason, including situations in which hardware is covered under warranty. iRoam, in its sole discretion may decline your return or assess an additional $30 charge for any missing and/or damaged components or items.

8. Charges

  1. You are responsible for all Charges for all Services and You agree to pay the rates and charges for all Services, including system access fee(s), monthly service charges, any restoral fees, usage charges, data transfer fees, long distance fees and any other charges incurred in using Your Services, regardless of who used the Services.
  2. You are responsible for all use of your SIM card, including use by third parties. In particular, You are responsible for the payment of all Charges arising in connection with use of your SIM card, or the Services. You are solely responsible in the event of charges arising from fraudulent use of Your equipment by a third party or in the event your account or password, PIN has been compromised. You shall notify iRoam immediately, in writing or by calling the iRoam customer support at 1-866-454-7626 if You become aware at any time that Your Service(s) (or any aspect of the Service such as password, PIN or card number) is being or has been stolen or fraudulently, improperly or unlawfully used.
  3. You must comply with all reasonable security procedures and standards with respect to the Service, including activating and periodically changing your PIN code. iRoam may communicate security issues to you when abuse or misuse is observed or reported by others.
  4. iRoam reserves the right to change rates for any and all Services upon the provision of thirty (30) days' notice. Current rates will be published on our website.
  5. Shipping and handling charges are non-refundable and are subject to change without prior notice. Oversize items and some destinations may be subject to additional charges .
  6. iRoam offers several service plans that include monthly minutes. If You exceed the monthly minutes in Your plan, then the applicable overage fee will automatically apply.
  7. iRoam offers several metered monthly plans. Each metered plan includes a toll-free and/or local telephone number and a fixed number of monthly minutes. When You exhaust your initial plan allotment of monthly minutes, You will automatically purchase additional minutes. Additional minutes will be billed as "usage". Long distance, including international long distance, charges will be billed at iRoam's current rates.
  8. Unless otherwise stated in these Terms of Service, all voice usage charges will be billed in increments that are rounded to the nearest six-second increment, with a minimum charge of thirty seconds. All SMS messages will be billed per message increment and data usage is billed per megabyte (MB).
  9. In addition to rates and charges, invoices will include, and You are responsible for: any and all applicable provincial and federal taxes, interest on prior overdue amounts, and an administrative surcharge of $50 for returned cheques or chargebacks.

9. Billing and Payment

  1. Fixed charges are billed monthly in advance and other charges are billed in the current month.
  2. Seven (7) days after any Equipment has been shipped to You, You will be charged the pro-rated for the Services for the partial month plus one month's charges in advance. In addition, You will be charged the cost of Equipment, shipping, professional services fees (if applicable) upon iRoam's acceptance of your order.
  3. For Services that require prepayment, You agree to pre-pay for the Service and You agree that iRoam will debit Your credit card or bank account for the applicable amount, using the then-current prices for the Service. In the event your Charges exceed your pre-paid credit, iRoam may immediately suspend the Services.
  4. Invoiced amounts are due within thirty (30) days after the date of the invoice, without any right of deduction or setoff. Interest will accrue on all past due amounts at a rate of 2% per month (24% per annum on a compounded basis) or such other rate as iRoam may set from time to time. An administrative surcharge will apply to returned cheques. You will be responsible for all costs incurred by iRoam to collect any unpaid invoices, including legal fees.
  5. Any payment authorization You have provided to iRoam will remain valid for one hundred and eighty (180) days after the termination of Service.
  6. iRoam may request immediate payment in extreme situations, provided iRoam has notified You and the abnormal risk of loss has substantially increased since that notice was given and iRoam, at its sole discretion, has reasonable grounds for believing that there exists an intention to defraud iRoam. iRoam reserves the right to bill at more frequent intervals if the amount owed to iRoam exceeds $50.
  7. Where your Services are cancelled, either by You or by iRoam, and there is an undisputed credit balance on your account, You may, between the 60th and 180th day after cancellation, require that it be applied to any ongoing or new Services provided to You within 180 days of the cancellation, or that it be refunded to You. If You do not claim your credit balance within the 180-day period, it will be retained by iRoam, and any account credits provided by iRoam will expire. iRoam reserves the right to charge a reasonable processing fee in connection with issuing refunds.
  8. You must bring all invoice disputes and inquires to iRoam' attention in writing within sixty (60) days of the invoice date. Your failure to do so will be taken as acceptance of the contents of the invoice and You will have no further right to challenge any portion of the invoice. If You dispute a charge and iRoam determines that the disputed amounts are in fact due, You shall pay such charges within fifteen (15) days. Billing disputes will be handled in accordance with the Dispute Resolution section of these Terms of Service.
  9. You may apply for and receive invoices by electronic mail ("E-bills") (not available for all Services). If you do, you understand and acknowledge that You will no longer receive invoices for these Services by regular mail and agree that it is Your responsibility to install the necessary hardware and software and to provide iRoam with all required information in order to receive E-bills. iRoam may discontinue provision of E-bills on reasonable notice to You.
  10. You may pay invoices by pre-authorized payment ("PAP"). By so doing, you authorize us to deduct all invoiced amounts from the account You designate at Your financial institution.

10. Credit

  1. As a precondition to the provision of, or continuing provision of Services, You:
    1. agree to allow iRoam to collect any information from You to facilitate credit inquires about You, and consent to the disclosure of such information from and to credit grantors, credit bureaus and suppliers of services as iRoam deems appropriate at any time; and
    2. agree to provide a security deposit and/or special payment terms and/or prepayment for Services in an amount or amounts as may be determined and required in iRoam discretion from time to time for reasons including but not limited to: regularly failing to keep Your account current, defaulting on payment obligations or using Services in excess of a credit limit of $100.
  2. Despite any other provisions of these Terms of Service, Your outstanding charges for Services will not at any time whatsoever, exceed Your then current credit limit ($100 unless otherwise agreed to), unless You receive iRoam's prior approval.

11. Equipment

  1. Where iRoam provides Equipment as part of the Service, You agree that the Equipment, and any North American Numbering Plan numbers and/or IP addresses assigned to You will at all times remain iRoam's property and You have no right, title or interest in or to the Equipment (including SIM Cards) except for its use under these Terms of Service. iRoam reserves the right to alter and develop its content as well as claim the return of any SIM cards.
  2. You agree not to re-arrange, disconnect, remove, reconfigure or repair any Equipment, including passwords and electronic serial number or equipment identifier of the Equipment, or to perform a software reset of the Equipment, except by prior written agreement with iRoam. If You tamper with the Equipment, iRoam reserves the right to terminate Your Service, in which case You will be responsible for all Charges for Your Service(s) and Equipment. You agree that if You make unauthorized changes to any Equipment provided to You by iRoam which results in Service problems or downtime, iRoam will charge You and You agree to pay iRoam' cost for any effort involved in the restoration or repair of Service to You.
  3. If You lose or damage the Equipment, iRoam will charge You its standard rates to replace the Equipment. If the Equipment malfunctions during its intended use, iRoam, at its sole discretion, will maintain and replace the Equipment if necessary. In such an event, You agree that iRoam's liability and Your sole remedy is limited to a refund of charges or replacement by iRoam of such Equipment, provided that You notify iRoam immediately upon Equipment malfunction. If it is determined that repair was not required or was required due to damage caused by You, You agree to pay iRoam' cost for such repair.
  4. You are responsible for your own end equipment (such as handsets and other such devices that use SIM cards) and its proper configuration and installation, in compliance with any regulations and applicable instructions by iRoam or the manufacturer. You are also responsible for all preparation required to install the Service, such as the insertion of SIM cards (interface cards) and setting adequate protocols. You agree to follow all instructions to properly insert the SIM card into your handset or device.
  5. iRoam does not provide mobile phone number or SIM card portability.
  6. You agree that You are responsible for the safekeeping of Equipment from the moment You receive the Equipment until the Equipment is returned to iRoam in good physical and functional condition. If, while in Your care, the Equipment is damaged, lost, stolen, or if, in iRoam's sole discretion, the Equipment is returned in an unusable condition, You agree to pay the replacement value of the Equipment. If, in iRoam's sole discretion, such the Equipment is not damaged beyond repair, You agree to immediately place such Equipment in good repair, at Your sole cost, at locations specified by iRoam.
  7. iRoam does not offer refunds for used, stolen, lost or damaged Equipment. However, any remaining calling credit can be transferred if a new SIM card is ordered prior to the expiration of original Equipment.
  8. If you lease the Equipment from iRoam, upon cancellation or termination of the Services, You agree to return, at your own expense, the Equipment to iRoam in good working condition within seven (7) days of cancellation/termination or within the time specified by iRoam. You are responsible for continuing charges for the Equipment until its return. If You fail to return the Equipment within the required time, iRoam will retain the deposit provided by You at the start of the Service activation or automatically charge you the cost to replace the Equipment without further notice.

12. Confidentiality

  1. In accordance with this section and any non-disclosure agreement with iRoam, You will hold all confidential information of iRoam in strictest confidence and will not disclose such information to any third party without the prior written consent of iRoam, unless required by Law. In addition to any other remedies iRoam may have, if You breach these confidentiality obligations, then You agree that any further or continuing disclosure will cause irreparable harm to iRoam and iRoam will be entitled to an injunction barring any further disclosure of such confidential information, in addition to monetary damages for such breach.
  2. You will treat all access codes and passwords (where applicable) as confidential. If You learn that such codes or passwords are stolen or lost or used in an unauthorized manner, You will immediately notify iRoam.
  3. Unless You provide express consent, or disclosure is required pursuant to a legal power, all information regarding You kept by us, other than Your name, address and listed telephone number, is confidential and may not be disclosed by us to anyone other than:
    1. You;
    2. a person who, in our reasonable judgment, is seeking the information as Your agent;
    3. another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
    4. a company involved in supplying You with telephone or telephone-directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
    5. an agent retained by us in the collection of Your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
    6. an agent retained by us to evaluate Your creditworthiness, provided the information is required for and is to be used only for that purpose;
    7. a law enforcement agency whenever we have reasonable grounds to believe that You have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
    8. a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property, which could be avoided or minimized by disclosure of the information.
  4. Express consent to disclosure from You may be obtained as follows:
    1. by written consent;
    2. by oral confirmation verified by an independent third party;
    3. by electronic confirmation through the use of a toll-free number;
    4. by electronic confirmation via the Internet;
    5. by oral consent, where an audio recording of the consent is retained by us; or
    6. by consent through other methods, as long as an objective documented record of Your consent is created by You or by an independent third party.

13. Service Interruption and Maintenance

  1. iRoam will make every effort to provide a high level of availability for its mobile network. However, iRoam is unable to guarantee continuous, trouble-free operation of its mobile network or certain transmission times or capacities (calling, for example). iRoam reserves the right to interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required.
  2. No representations or warranties are made with regard to availability, quality, operation or support for voice or data communication on its mobile network, on third-party networks or with third-party lines.

14. Indemnification

YOU AGREE TO INDEMNIFY, AND DEFEND IROAM, ITS AFFILIATES, UNDERLYING CARRIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM THE USE OF THE SERVICES OR FROM ANY BREACH OF THESE TERMS OF SERVICE BY YOU, EXCEPT AND TO THE EXTENT OF ANY NEGLIGENCE OR MISCONDUCT ON THE PART OF IROAM. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

15. Disclaimer and Limitation of Liability

  1. iRoam does not guarantee uninterrupted operation of the Services, or of its equipment, facilities, connections or network. iRoam's liability for negligence, breach of contract, tort or other causes of action, or any loss, omissions, delays, errors, defects or failures in the Services, Equipment or facilities, or for any other action or inaction of iRoam, is limited to a refund of charges for the affected Services proportionate to the length of time the problem existed, upon request, and in no event exceed the total amount of your invoices for the previous three (3) months. Under no circumstances shall iRoam be liable for any indirect, special, consequential, exemplary or punitive damages whatsoever, including any interruption of business or lost profits, even if such damages were reasonably foreseeable.
  2. iRoam is not liable for:
    1. any disruption or unavailability of the Services;
    2. any act or omission of any third party (including any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
    3. any event beyond the reasonable control of iRoam including acts of God, inclement weather including lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; or
    4. Your failure, for any reason, to activate any Services on the activation date You requested.
  3. iRoam provides the Services and Equipment to You on an "as is" basis and disclaims all warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or system integration. No warranty is made that the Services and Equipment will operate in an error free or uninterrupted manner.
  4. You are solely responsible for the content of information and communications transmitted using the Services.
  5. Any legal action arising in connection with these Terms of Service must be brought within one (1) year after the cause of action arises. For the purpose of this section, "iRoam" includes its officers, directors, employees, agents and affiliates

16. Fair Use

All unlimited service plans are subject to iRoam's Acceptable Use Policy ("Acceptable Use Policy"). iRoam defines fair usage as reasonable calls, data, and fax usage, including a reasonable mix of mobile and landline calls; reasonable call length; and not employing methods or devices to make automatic repetitive calls or faxes; or in any way that adversely impacts the service to other iRoam customers. The amount of calls made not to exceed a reasonable amount per day and subject at all times to a monthly limit of 3000 minutes per month per Service Plan. Minutes above these limits are subject to iRoam's per minute basic calling package rates. If for any reason iRoam reasonably suspects that You are not acting in accordance with this Fair Use Policy, iRoam reserves the right to impose further charges or suspend or disconnect your account.

17. Changes, Modifications or Termination of Plans or Plan Features

Without incurring liability, iRoam may at any time and without notice to You, change, modify or terminate any Service, plan or Service or plan features, in whole or in part (including the rates or charges for all customers who at such time are not subject to a future term commitment). In the event of any such change or modification, You will be responsible for paying all charges incurred for use of such Service including any charges arising out of the change or modification.

18. Intellectual Property

You acknowledge and agree that all content and materials available on this website and via the Services, including but not limited to the iRoam name and logos, text and software, are protected by intellectual property and other laws. All patents, trademarks, trade dress, copyrights, trade secrets or any other form of intellectual property (the "Intellectual Property") that iRoam uses in connection with provision of the Services are iRoam's exclusive property and you disclaim all rights in the same. Except as expressly authorized by iRoam, any use, copy, reproduction, display, performance, modification or transmission of the Intellectual Property is strictly prohibited.

19. General

Any notice or other communication required by these Terms of Service will be in writing and will be provided by personal delivery, by facsimile OR BY EMAIL to iRoam or You as applicable, at the address or facsimile number provided by You. Notices delivered in person will be effective on the date of such delivery. Notices delivered by facsimile will be effective on the date of transmission provided printed proof of transmission is obtained. You may not assign, resell or transfer these Terms of Service or Service(s) to a third party without the prior written consent of iRoam. The Terms of Service will ensure to the benefit of, and be binding upon, the parties and Your respective heirs, executors, administrators, successors and permitted assignees. iRoam provides Services to You as an independent contractor and these Terms of Service does not constitute or imply any partnership, joint venture, fiduciary relationship or other relationship between You and iRoam. The terms and provisions of these Terms of Service may only be waived in writing signed by iRoam. No failure by iRoam to insist upon Your performance of any obligation in these Terms of Service will constitute a waiver of the obligation. ‚?®If any portion of these Terms of Service is deemed invalid, illegal or unenforceable, it will not affect or impair the balance of the Terms of Service, which will remain enforceable. These Terms of Service will be governed in all respects by the laws of the Province of Ontario, Canada.

You confirm that You accept these Terms, as well as all other related documents, including notices, in English only, unless , unless You specifically request French correspondence. Residents du Québec Seulement - Les parties aux présentes confirment leur volonté que la présente convention, de même que tous les documents s'y rattachant, y compris tout avis, soient rédigés en anglais seulement, à moins d'une demande expresse de l'une des parties à l'effet que les documents échangés soient rédigés en français.

To contact iRoam:

Customer Service Department
support@iRoam.com

iRoam Communications Inc.
1039 McNicoll Avenue
Toronto, Ontario M1W 3W6
Tel 1-866-454-7626 Fax: 416-492-8135
www.iroam.com

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