Legal

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Basic privacy protection:
Eltopia Communications values your business and respects our customers' right to privacy. Under state and federal law, you have a right, and Eltopia Communications has a duty, to protect the confidentiality of your Customer Proprietary Network Information ("CPNI"). CPNI is information about the quantity, technical configuration, type, destination, location, usage, and billing of your Eltopia Communications service. Eltopa Communications will not use or disclose your CPNI except as permitted or required by federal statute (47 U.S.C.§ 222) and applicable FCC regulations (47 CFR §§ 64.2001 - 64.2009). We will use your CPNI only to provide Eltopia Communications services to you or to suggest other Eltopia communications-related services tailored to your needs. These protections apply automatically, and you do not need to take any action in order to benefit from them.

Further options:
As a Eltopia Communications customer, you have the right to impose additional restrictions on Eltopia Communications’s use of your CPNI by "opting out." If you opt out, Eltopia Communications cannot use your CPNI to market additional services to you. Opting out will not affect the provision of any Eltopia Communications service to which you already subscribe, but it may prevent you from receiving certain information about additional services from Eltopia Communications. If we do not hear from you within 30 days after you first sign up for Eltopia Communications service, we will assume you do not wish to opt out. However, you can choose to opt out at any time. Your decision whether or not to opt-out will remain in effect until you change it. In order to opt out, please notify Eltopia Communications in writing at PO Box 240, Eltopia, WA 99330 attn: Customer Service, and provide the following information: (1) Customer name, (2) Service billing address, (3) telephone number including area code, and (4) service account number. Removing consent will not affect your current Service.

Privacy Policy:
If you are a Eltopia Communications customer, you can be assured that we will take all the necessary steps to ensure that your personal information is protected. Your privacy is important to us.
Although our ability to provide you with the right products and services requires us to collect, use & disclose your personal information, we ensure that there are policies and procedures in place to protect that information from misuse, error, loss and unauthorized use. Eltopia Communications customers can be assured that we only collect and use the information about you that we need in order to provide you with the best products and services available.
Eltopia Communications collects & uses personal information for the following purposes:
To identify you as a customer - We collect information to help us confirm your identity so we can properly bill and collect payment for you. We may also obtain your credit history to approve you for certain payment options and to verify your ability to make payment. That may include collecting your bank account and credit information.

  • To maintain a strong working relationship and provide ongoing service - We may document any of your personal opinions or comments in order to help us maintain a strong working relationship and better serve you as our customer. That may include keeping a record of the products and services you receive from us and your opinions and comments in respect of them.
  • To protect us both against error and fraud - We may ask you to verify the information from time to time, for purposes mentioned earlier. We do this to ensure that the information is accurate and current. Any new information you give us will only be recorded if it is needed to achieve the original purpose for which it was collected.
  • To help us develop, improve, market or provide you with better products and services - We may ask for additional information so we can better communicate with you and inform you of new products and services. We want to understand your needs and develop and recommend suitable products and services on an ongoing basis. And that means keeping our customers informed and connected.
  • To comply with legal and regulatory requirements - We may collect information about you as required by law, for example, in response to a subpoena, warrant or court order.

Under no circumstances will we sell you information to third parties. Nor will we disclose it for public use without your consent. We will only release your information to parties outside
Eltopia Communications under the following circumstances:

  • For servicing purposes - We give only the information needed to provide you with the products and services you have requested to suppliers, agents, contractors, companies and individuals working on our behalf. Here are some examples of when we may disclose your personal information:

(a) to a supplier involved in the process of providing you with the products and services you have requested
(b) to a company, individual or contractor to perform functions on our behalf, such as installation and maintenance of our products and services, or for research purposes
(c) to an agent involved in the process of verifying your ability to make payments, obtaining your credit history or in the collection of your account

  • For legal purposes and in emergency situations we may disclose your personal information to your legal representative if we are certain that the individual is working on your behalf. In addition, we are required by law, for example, in a criminal investigation, to share your information with the appropriate authorities. We also may disclose your information in emergency situations to the appropriate authorities, if it means that we can help to prevent danger to an individual, damage to property or theft.

Any personal information released outside of Eltopia Communications is disclosed on a confidential basis. It will be used only for the purpose for which it was released, unless we have your implied or express consent, for any other purpose.  We will take all necessary steps to ensure that your personal information is protected. Your privacy is important to us. Your personal information will be:

  • kept accurate, complete and current as the circumstances require and we ask that you help to keep us informed of any changes
  • accessible to you if you require it, as you may want to challenge its completeness and accuracy
  • protected from misuse, error, loss and unauthorized access with the help of proper security safeguards
  • kept confidential when dealing with outside parties
  • collected, used or disclosed only for the purposes mentioned earlier, except with your consent

 We are required to have your implied or express consent for the collection, use and disclosure of your personal information. As we have provided you with detailed information on how we collect, maintain, use and disclose your personal information we will assume that, unless we receive notice from you to the contrary, we have your implicit consent. You may withdraw your consent at any time, with reasonable notice to us. Please note that if you do wish to withdraw your consent or do not provide us with the requested personal information, our ability to provide you with quality products and services may be affected.


Terms of Use:

Site Terms of Use
Effective April 5, 2010
The following terms and conditions (“Terms”) constitute a limited and revocable license (“License”) between Eltopia Communications (USA) inc. (“Eltopia Communications”) and you. As a condition of using and viewing this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound by the these Terms without modification and to comply with all applicable laws, rules and regulations.  Users of this Site must be 18 years or older. If you do not agree to these Terms without modification or are not 18 years or older, you are not authorized to and must discontinue use this Site. In addition, as a condition of your use of this Site, you represent and warrant to Eltopia Communications that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these Terms. Eltopia Communications reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms any policy or guideline referenced herein at any time without notice. Such modifications shall be effective immediately upon posting of the modified Terms.  By using this Site after Eltopia Communications has posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Eltopia Communications retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms.

License.
 
This License authorizes you to use and view the information on this Site exclusively for internal informational purposes or non-commercial purposes and for no other purpose. You may not copy or otherwise disseminate the information contained in this Site without the express prior written permission of Eltopia Communications. No other use of the material within this Site or is permitted without the express prior written consent of Eltopia Communications and Eltopia Communications reserves all other rights not otherwise granted by this License.

Disclaimers/No Warranties/Exclusion of Liability.
Eltopia Communications makes no representation or warranty as to the completeness or accuracy of the information on this Site and such information may be incomplete, contain errors, or have become out of date and may not be relied upon. THE INFORMATION ON THIS SITE AND AVAILABILITY OF THIS SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELTOPIA COMMUNICATIONS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU OR ANY THIRD PARTIES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU (AND NOT ELTOPIA) ASSUME THE ENTIRE COST AND RESPONSIBILITY FOR YOUR USE OF THE SITE.
Updates/Availability. 
The information on this Site may be updated at any time by Eltopia Communications in its sole discretion so you should, therefore, verify information obtained from this Site before you take any action upon it. Eltopia Communications reserves the right to discontinue the sale of any product or service listed on this Site at any time without notice. In the event the Site is or becomes unavailable for any reason Eltopia Communications, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site shall have no liability whatsoever for such unavailability or for any loss of data or transactions caused by such unavailability.

Indemnification.
You agree to indemnify, defend, and hold Eltopia Communications, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this License by you, or your violation of any rights of a third party. Eltopia Communications reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Eltopia Communications  in asserting any available defenses.

Trademarks/Service Marks.
 Eltopia Communications, logo are registered trademarks or service marks of Eltopia Communications. Any use of any of Eltopia Communications mark contained on the Site or otherwise is strictly prohibited absent express prior written permission from Eltopia Communications. Absence of a mark should not be construed as a waiver.
Choice of Law/Venue .
By visiting or using this Site you agree that the laws of the state of Washington, without regard to principles of conflict of laws, shall govern this License and any dispute of any sort that might arise between you and Eltopia Commuincations or its affiliates, and agree that any such dispute shall be adjudicated only in the state and federal courts located Seattle, Washington.

Miscellaneous. Eltopia Communications failure to insist upon or enforce strict performance of any provision of this License 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 License. Eltopia may assign its rights and duties under this License to any party at any time without notice to you.