Terms of Use

Last updated: March 13, 2014

Important! Read this document.

You are about to access the Internet through a wireless Hotspot provided by Shaw Cablesystems G.P. (“Shaw”). The access to the Internet (the “Service”) is provided via one or more wireless access points (together referred to as a “Hotspot”) located at certain facilities utilizing one or more of the 802.11 a/b/g/n/ac frequency protocols commonly referred to as “Wi-Fi”. Your use of the Service is governed by the terms and conditions contained herein ("the Agreement"). YOUR USE OF THIS SERVICE CONSTITUTES YOUR ACKNOWLEDGEMENT AND ACCEPTANCE THAT: A) YOU AGREE TO THESE TERMS AND CONDITIONS; B) YOU HAVE EXPRESSLY CONSENTED TO SHAW USING YOUR PERSONAL INFORMATION TO SEND YOU SHAW MARKETING OR OTHER ADVERTISING MATERIAL, INCLUDING, BUT NOT LIMITED TO, COMMERCIAL EMAIL MESSAGES; AND C) THESE TERMS AND CONDITIONS CREATE A LEGALLY BINDING CONTRACT. IF YOU DO NOT INTEND TO BE LEGALLY BOUND TO THESE TERMS OF USE DO NOT USE THE SERVICE.

By clicking your acceptance to this Agreement or by accessing or using the Service, you represent that you are of legal age or that your parent(s) or legal guardian(s) have consented to your use. Further, you represent that you have read all of the terms and conditions of this Agreement, understand them, and agree to be legally bound by them. Shaw may modify this Agreement and any related policies at any time without your consent or authorization, including the addition or modification of fees, pricing, use or termination of the Service, or any components thereof (“Revisions”) by posting such Revisions to the Shaw website located at www.shaw.ca. Revisions are effective upon posting. Each time you use the Service, it is your responsibility to review this Agreement for any changes prior to such use. Your use or continued use of the Service shall be deemed to be your acceptance of the modified Agreement. If you do not agree to any modification of the Agreement, do not use the Service.

1. Service Access and Availability

Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable. If registration is requested, you agree to provide us with accurate and complete registration information. Each registration is for your personal use only and not on behalf of any other person or entity. You are responsible for preventing such unauthorized use.

Your access to the Service is completely at the discretion of Shaw and may be blocked, suspended or terminated at any time for any reason including, but not limited to, any violation of this Agreement. Access to the Service may be limited by number of devices and/or total data usage per month. Service coverage, speeds and quality may vary and is subject to service failures, transmission errors, equipment or network problems or limitations, interference, lack of signal strength and maintenance and repair, and the Service may be interrupted, refused, limited or curtailed by Shaw for any reason whatsoever.

2. Use of Service

You are not permitted to resell or otherwise make the Service available to any other person whomsoever.

You are fully responsible for your activities while using the Service (including without limitation, for any content, information and other materials you access or transmit via the Service), and that you shall bear all risks relating to your use of the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service.

Use of the Services for any activity that violates Local, Provincial, Federal or International law, order or regulation (collectively, “Prohibited Activities”), including, without limitation, using the Service for child pornography, is a violation of this Agreement. Examples of Prohibited Activities include but are not limited to: a) posting, storing, transmitting or disseminating material, content and/or data which is libellous, obscene, hateful, unlawful, threatening, harassing or ethnically offensive, defamatory or which constitutes or encourages unlawful conduct and/or which would constitute a criminal offence;  b) sending or receiving any material that could be considered obscene, pornographic or indecent pursuant to applicable law; c) disseminating material which violates copyright or intellectual property rights.  You assume all risk regarding the determination of whether material is in the public domain;  d) pyramid schemes or other illegal soliciting schemes; and/or  e) fraudulent activities, including, but not limited to, impersonating any person or entity, or forgoing anyone’s digital or manual signature.

You agree to cooperate with Shaw in any fraud investigation and to use any fraud prevention measures we prescribe.

3. Marketing and Shaw's use of Wi Fi Data

You understand and agree that Shaw may from time to time: (i) use the contact information you provided when registering for the Services to send you advertising materials and/or surveys; (ii) use location or other data generated from your use of the Service to deliver general or user specific messaging or advertising from Shaw or a third party to the browser you are using to access the Internet; (iii) superimpose the Service "watermark" bearing Shaw's logo over portions of website pages you visit. You understand and agree that such watermark is intended solely to identify the Service as the source of your wireless Internet access service, and that this in no way indicates Shaw's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers. You agree that you will not seek to hold Shaw responsible in any way for any third party website content or the operation of any third party website accessed via the Service, or for the appearance of our Service "watermark" over a portion of any website.

4. Traffic Management Policies

Shaw uses traffic management policies to ensure proportional access to its network for all Shaw Internet customers. Some Peer-to-Peer (P2P) applications used for non real-time file sharing can consume a disproportionate amount of upstream bandwidth causing disruption to other customers on Shaw's network. Shaw's traffic management policies were introduced to quickly address any upstream congestion caused by these P2P applications while standard network expansion activities are undertaken to increase the bandwidth availability for all users.

Shaw's traffic management policies come into effect only if upstream network congestion occurs on a network segment. If congestion occurs, the traffic management policies reduce the amount of upstream bandwidth.

Shaw's traffic management policies do not affect download speeds and will not affect real-time interactive activities such as on-line gaming, banking, e-mail or VoIP services. For the majority of Shaw customers the Internet experience is unaffected by our traffic management policies and both upstream and downstream bandwidth will be available to ensure the full operation of any application.

The traffic management policies implemented by Shaw use IP addresses to make real-time traffic management decisions in relation to Shaw's network. Since IP addresses have the potential to be linked to an individual's customer account, IP addresses could be considered personal information. The traffic management policies implemented by Shaw do not involve capturing, storing or archiving this information in any way.

5. Consent to Monitoring and Collection of Information

Shaw reserves the right to monitor and log the use of the Service to ensure compliance with this Agreement or applicable law, however, Shaw is under no obligation to do so. Upon receipt of a valid subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information Shaw may be required to disclose your personal information or the logs relating to your use of the Service. We reserve the right to terminate your access immediately and without advance notice if we, in our sole discretion, become aware of improper or harmful activity, or if we believe that you have violated any of the restrictions herein. If we suspect violations of any restrictions or of improper or harmful activity, we will investigate and, where appropriate, we may (a) institute legal action, (b) deactivate the Service or your access to the Service without prior notice to you, and/or (c) cooperate with law enforcement authorities in bringing legal proceedings against violators. By reserving the right to monitor and log connections, Shaw does not assume any duties or responsibilities to you or to anyone else.

You acknowledge and agree that all personally identifiable information collected from you by Shaw at registration or at any time after registration may be used by Shaw for the purpose of provisioning of the Service to you, to address Service or abuse issues, apply with applicable law and to monitor our network performance. You hereby acknowledge that Shaw and its affiliates may retain and use any information, comments or ideas conveyed by you relating to the Service (including any products and services made available on the Service). This information may be used for any purpose as determined by Shaw. Shaw’s use of your personal information is subject to Shaw’s Privacy Policy which can be found on www.shaw.ca.

6. Content Disclaimer

Some content, products or services ("Content") available with or through the Service may be offensive to you or may not comply with applicable laws. You understand that neither Shaw nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Shaw and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content. Shaw's actions or inaction under this section shall not constitute review or approval of your use.

7. Limitation of Liability

You acknowledge and agree that the Service is provided as a privilege and does not impose liability of any kind or in any amount on Shaw, its affiliates, employees or its agents. Under no circumstances shall Shaw be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from this Agreement, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party using your access privilege infringes the intellectual property rights or contractual rights of any third party. If you are dissatisfied with the Service, or with this Agreement, your sole and exclusive remedy is to discontinue using the Service. You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from breach of contract, breach of warranty, negligence or other torts, or any other cause of action, however stated.

For the purposes of this section 7, any reference to "Shaw" includes Shaw, its partners and affiliates, and their respective directors, officers, employees, servants and agents.

8. Warranty Disclaimer

You assume all responsibility and risk for use of the Service. THE SERVICES ARE PROVIDED BY SHAW "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHAW DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES. SHAW DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON OR FROM THE SERVICES ARE FREE OF DEFECT, ERROR OR VIRUSES. SHAW DOES NOT WARRANT THE CONTENT, INCLUDING WITHOUT LIMITATION CONTENT OF ANY PROGRAMMING AND/OR ADVERTISING, THAT IS ACCESSIBLE ON OR FROM THE SERVICES. ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABLE QUALITY WITH REGARD TO ANY MERCHANDISE, INFORMATION, PROGRAMMING, ADVERTISING, CONTENT OR SERVICE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE EXPRESSLY DISCLAIMED AND HEREBY EXCLUDED.

9. Indemnification

Shaw shall not be liable for, and you shall indemnify and save Shaw harmless from and against all suits, claims or judgments howsoever arising out of any of the following: (i) claims for libel, slander, infringement of copyright, trademark or other intellectual property rights or contractual rights of any third party or based on any other legal theory howsoever arising from the material, data or other content from the Service; (ii) any losses, damages, expenses or costs (including legal fees) arising out of or in connection with any claim, or other proceeding alleging the use of the Service by you or a third party infringes any intellectual property rights or contractual rights of any other third party; or, (iii) any third party claims by those to whom you provide access to the Service.

For the purposes of this section 9, any reference to "Shaw" shall include Shaw, its partners and affiliates, and their respective directors, officers, employees, servants and agents.

10. Privacy and Security

You understand and agree that you shall have no expectation of privacy or security in your access or use of the Service. Wireless Internet connections such as that provided through the Service are not secure. Hotspots, unless otherwise stated, do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms). Communications may be intercepted by others and your equipment may be subject to surveillance and/or damage. Hotspots represent additional security risks as compared with wired Internet connections because access to your compatible device is possible without being physically connected to your device. Shaw cannot ensure or guarantee privacy or security for users of the Service, therefore it is strongly recommended (and it is your responsibility) to ensure that the configuration of your computer is secure. You acknowledge that Shaw makes no assurance that your communications or activities will be or will remain private or secure, and you agree that Shaw assumes no responsibility in that regard. You further agree that you, and not Shaw, are solely responsible for your own privacy and security in using the Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.

If you choose to use the Service to access websites, services or content, or purchase products from third parties, your personal information may be available to a third-party provider. Shaw has no responsibility for how third parties use your personal information.

11. Termination of Service

Shaw reserves the right to suspend or discontinue providing the Service in all or in part, or to terminate your access to the Service, at any time and for any reason, in its sole discretion, with or without notice. Upon any termination, your rights to use the Service will immediately cease.

12. Miscellaneous

This Agreement and any documents and policies referenced herein, constitute the entire agreement and understanding between you and Shaw pertaining to your use of the Service and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Shaw 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. If any of the provisions contained in this Agreement is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein. Shaw may assign its rights and obligations under this Agreement to another entity without your prior written consent. In no event shall Shaw be liable for any failure to comply with this Agreement.