The following terms and conditions apply to Harmony Resorts Management Inc. (“Harmony Resorts”) provision of Internet services (the “Services”) and sets out the basic rights, obligations, and limitations of Harmony Resorts to its Subscribers (the “Subscriber”). All of the terms and conditions contained herein (hereinafter referred to as “Terms”) bind both Harmony Resorts and the Subscriber and are subject to change from time to time at the sole discretion of Harmony Resorts, without any prior notice to the Subscriber. “Subscriber”, “Customer” and “You” are used interchangeably herein.

General

This is our agreement with you, the Subscriber. You agree not to use our Service for an illegal purpose, violating any law, or interfering with other Subscribers’ Service. You further agree not to resell, transfer your service.

Service

1.0 Type of Service

The Terms contained herein apply to the Internet Service which the Subscriber may subscribe from Harmony Resorts. The Subscriber may use the Services provided that the Subscriber does so in compliance with all applicable laws and the terms herein. The Subscriber acknowledges that he/she is the person authorized to subscribe for the Services. The Services may only be used by the Subscriber and all persons having the Subscriber’s permission to use the Services within the same seasonal site subjected to the limit of 3 devices per site. 

1.1 Charges, Billing and Payment

The Subscriber is responsible for paying all charges, plus all applicable taxes and fees, for the Services subscribed from Harmony Resorts. NSF and all refused payments shall incur a $25 administrative fee per occurrence. Credit card chargebacks will incur a $50 administration fee.

1.2 Charges will commence as of the date of Activation of the Service

The Subscriber must pay for the charges of Services either by credit card by providing Harmony Resorts with the Subscriber’s credit card number upon subscribing for the Service or by Pre-Authorized debit payment by providing Harmony Resorts with the appropriate banking information. The Subscriber authorizes Harmony Resorts to make such charges against such credit card or bank account to satisfy all charges for the Services. 

You may also provide Harmony Resorts with a cheque or pay by Online Banking by logging into your personal banking website and adding Harmony Resorts Management Inc. as a payee. Please contact customer service for your account information at 289-427-6669.

Harmony Resorts will charge the Subscriber’s credit card or bank account for charges commencing on the date of activation of the Services as per the Subscriber’s request and thereafter, an amount equal to 1-month payment for all services purchased by the Subscriber will be taken from the Subscriber’s credit card or bank account during the period from the first day of service until the last day of service, on a monthly basis or as stipulated by Harmony Resorts. Harmony Resorts at its sole discretion may elect to change billing dates. 

The Subscriber must bring payment inquiries and disputes to Harmony Resorts’ attention within 10 days after the charge for the Services which have been paid or the Subscriber will be deemed to have accepted such charges as accurate in all respects. 

1.4 Contract Term

Harmony Resorts’ services are sold on the following basis:

• Month-to-Month (No-Contract): The Subscriber may cancel services with 30 days’ notice without incurring next month’s cost. Harmony Resorts may increase rates at any time by providing the Subscriber with 30 days notification.

1.5 Subscriber’s Right to Terminate Services and Early Cancellation Fees

1. If the Subscriber requests to cancel their subscription before the end of the 1-month term that the month-to-month charges cover, early cancellation fees will apply, and no refunds will be issued.
2. Subscribers who are enrolled in a month-to-month package have no contract and are only responsible for charges up to one month after their cancellation date. The Subscriber is also responsible for all charges incurred for the Internet Service up to the effective cancellation date. To request cancellation, the Subscriber must provide a formal and personal request at least thirty days prior to the expiration date. Please note that third-party termination requests are not approved.
3. The Subscriber acknowledges that Harmony Resorts Services are provided on a best-efforts basis and lack of service or poor quality is not grounds for termination. The Subscriber must allow Harmony Resorts reasonable time to diagnose and correct any problems that have been reported and documented by the Subscriber to Harmony Resorts. If the problem cannot be corrected within 30 days of the initial report by the Subscriber, the Subscriber may elect to terminate his contract without penalty or liability providing Harmony Resorts with written notice of his intent to cancel. Where Harmony Resorts has determined that the problem is not the fault of Harmony Resorts but rather with the Subscriber, his equipment, Internet, phone lines, connectivity, and the like, then no refunds are applicable.

1.6 Suspension or Termination of Services by Harmony Resorts

1. Without incurring any liability whatsoever, Harmony Resorts may suspend or terminate any or all of the Services for any reason whatsoever, including, without limitation, where the Subscriber:
   • fails to pay an account that is past due, or Subscriber provides payment by cheque or credit card which is not honored by Subscriber’s bank and any deposits are insufficient to satisfy outstanding balances.
   • fails to provide payments when requested by Harmony Resorts.
     violates any provision of the Terms herein.
   • uses or permits others to use the Services for a purpose or in a manner that is contrary to law; or for the purpose of making harassing, threatening, abusive, annoying or offensive calls.
   • charges or allows others to charge any other person for the use of the Services without Harmony Resorts’ prior written agreement.
   • harasses, threatens or otherwise acts unreasonably towards Harmony Resorts, its employees or agents, in relation to the Services.
   • alters or otherwise interferes with Harmony Resorts’ facilities or equipment, or fails to replace or modify equipment or facilities which may harm, damage, interfere or pose a danger to others, the Services, or Harmony Resorts’ equipment, facilities or network; or
   • fails to provide payment for other accounts with Harmony Resorts, including amounts owed by the Subscriber as a guarantor for the account of another.
   • uses or permits others to use the Services for resell, commercial or business use.
   • abuses the network with excessive usage as may be determined by Harmony Resorts. Excessive usage shall be determined solely by Harmony Resorts pursuant to our Fair Usage Policy listed herein.
2. A suspension or termination will not affect the Subscriber’s obligation to pay any amounts owed to Harmony Resorts either during or after the suspension or termination. If termination occurs during a 1-month term, the Subscriber will be charged for all usage plus the term obligations. There will be no refunds applicable.

1.7 Harmony Resorts’ Right to Refuse to Provide Services

1. The Subscriber owes amounts to Harmony Resorts that are past due, and any deposits are insufficient to satisfy outstanding balances.
2. Harmony Resorts has terminated the Services to the Subscriber in the past.

1.8 Services Interruption

1. Harmony Resorts may interrupt the Services to the Subscriber at any time for any duration of time, without any notice or liability, in order to install, inspect, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required. Services outages may happen from time-to-time and Harmony Resorts will endeavor to restore Services as soon as possible. Unless Harmony Resorts is unable to correct the service disruption within a reasonable time, Service outages and disruptions are not cause for termination of Services by the Subscriber without incurring early termination fees.
2. The weather may interrupt the Services to the Subscriber at any time for any duration of time without any notice or liability. Services outages may happen from time-to-time and Harmony Resorts will endeavor to restore Services as soon as possible. Service outages and disruptions due to weather are not cause for termination of Services by the Subscriber without incurring early cancellation fees.
3. Harmony Resorts is not liable for:
   • any disruption or unavailability of the Services.
   • 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 Services).
   • the Subscriber’s conduct, acts or omissions, or the operation or failure of the Subscriber’s equipment or facilities;(iv) any event beyond the reasonable control of Harmony Resorts 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; and (v) its failure, for any reason, to activate the Services on the activation date Subscriber requested (vi) any charges by third parties including other telephone companies or wireless carriers for services they may have rendered in lieu of Harmony Resorts service.
4. The Subscriber agrees to indemnify and hold harmless Harmony Resorts against all claims, including fees and expenses of counsel, resulting from the Subscriber’s use (or the use by others with the Subscriber’s explicit or implicit consent) of the Services, the Subscriber’s codes, facilities, or equipment, which cause direct or indirect damage or harm to another party or to the property of another.

Internet Service

1.0 Service Speed:

Internet Service is provided on a Best-Efforts basis.  Harmony Resorts does not guarantee the speed of the Internet Service.  The speed of Internet Services is dependent on various factors, some of which are not under our control, including the weather.  As such we do not guarantee the maximum service performance (i.e., throughput or speed).

1.1 Fair Usage Policy:

Harmony Resorts may manage Internet traffic to ensure fair bandwidth delivery to all customers and to ensure the integrity of the Harmony Resorts network. This allows Harmony Resorts to deliver a consistent and reliable experience to all customers who use services like browsing, downloading, video streaming, file transfers and instant messaging.

Excessive Usage: All Harmony Resorts Internet customers must comply with Harmony Resorts’ terms and the Acceptable Use Policy. Failure to do so may result in the suspension, restriction, or termination of Harmony Resorts’ service. Among other things, the Acceptable Use Policy prohibits customers from using their Harmony Resorts service in a manner that restricts or inhibits other users from using or enjoying the Internet, creates an unusually large burden on the network or otherwise generates levels of Internet traffic sufficient to impede other users’ ability to transmit or receive information. Excessive use of the Harmony Resorts service constitutes a violation of these restrictions.

1.2 Monitoring

Harmony Resorts has no obligation to monitor the Service.  However, in order to protect itself and its subscribers, Harmony Resorts will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Subscriber or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others.  Harmony Resorts will not intentionally monitor or disclose any private e-mail message unless required by law.  Harmony Resorts reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

1.3 Privacy

Harmony Resorts cannot guarantee privacy. Your messages may be the subject of unauthorized third-party interception and review.  Harmony Resorts therefore recommends that the Service not be used for the transmission of confidential information.  Any such use shall be at your sole risk and Harmony Resorts, its affiliates and its agents shall be relieved from all liability in connection therewith.

1.4 Acceptable Use Policy

This Acceptable Use Policy outlines the acceptable use of the Internet Service (“Service”) provided by Harmony Resorts. By using the Service, the Subscriber agrees to comply with this Policy.

Prohibited Activities

The Subscriber may not use the Service for any of the following activities:

1. Violating any applicable laws or regulations, including but not limited to copyright, trademark, and intellectual property laws.
2. Transmitting any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
3. Distributing viruses, worms, Trojan horses, or other harmful software.
4. Engaging in any activity that interferes with or disrupts the Service, or any network connected to the Service.
5. Using the Service to engage in any fraudulent activity.
6. Attempting to gain unauthorized access to any computer system or network.
7. Using the Service to harass or harm another person.
8. Engaging in any activity that violates the privacy of others, including but not limited to the unauthorized disclosure of personal information.
9. Using the Service to send unsolicited messages (spam) or advertisements.

Consequences of Violating this Policy

If the Subscriber violate this Policy, Harmony Resorts may take any action it deems appropriate, including but not limited to:

1. Terminating the Subscriber’s access to the Service.
2. Reporting the Subscriber’s activities to the appropriate authorities.

Disclaimer of Liability

Harmony Resorts is not responsible for any content transmitted through the Service, and it does not endorse any opinions expressed by users of the Service. Harmony Resorts is not liable for any damages arising from the Subscriber’s use of the Service (or the use by others with the Subscriber’s explicit or implicit consent) or the Subscriber’s inability to use the Service.

Modifications to this Policy

Harmony Resorts may modify this Policy at any time, and any modifications will be effective immediately upon posting on Harmony Resort’s website. Your continued use of the Service after any such modifications constitutes your acceptance of the modified Policy.