Updated January 05, 2009

These terms and conditions are in addition to YourLink’s Terms of Service.

By using YourLink’s Voice over IP or NetCall™ Service and such services related thereto (collectively, the “Service”) provided by YourLink Inc., its affiliate and subsidiary companies (collectively, “YourLink”) whether you are a Home Service or Small Office/Home Office subscriber, you agree to the following terms of this Acceptable Use Policy:

This Acceptable Use Policy constitutes the agreement between YourLink (“YourLink” or “our”) and the customer (“you” or” your”) subscribing to the Service. This Acceptable Use Policy governs your use of the Service and any devices and/or equipment used to support the Service, including without limitation, a telephone adapter and software used in conjunction with the Service which is loaned to you from YourLink for your use solely in connection with the Service (collectively, the “Equipment”). By activating the Service, you acknowledge that you have read, understand and agree to this Acceptable Use Policy as set out hereunder and with terms and conditions of YourLink’s Terms of Services (collectively, the “Agreement”). If you do not wish to be bound by this Agreement or any modifications, which may be made by YourLink from time to time (as described in the following paragraph), do not activate or use the Service and immediately contact YourLink.

YourLink may change portions of this Agreement from time to time upon reasonable notice to you. YourLink will post notice of any changes made to the Agreement on line at www.yourlink.ca by setting the last date of revision on the top right hand corner. YourLink may also advise you of such changes by sending you an electronic mail message at your user address or mailing notification through Canada post to the address shown on your account with YourLink. All changes will take effect within 30 days of the date of being posted. If you do not have access to the Internet you may contact YourLink at any time to obtain a printed copy of this Agreement. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE OR SUPPLIED TO YOU BY YOURLINK TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

Uses and Restrictions

1. YourLink Voice over IP or NetCall™ Residential Service: You may only use the Service from your phone(s) located at your residence, which are connected to YourLink’s Equipment and only for normal residential calling purposes such as person to person conversations or voice messages.11:59 AM 4/12/2007

2. YourLink Voice over IP or NetCall™ Business Service: You may only use the Service from your phone(s) located either at your small office or at your residence. The Services are required to be connected to YourLink’s Equipment and used for normal business calling purposes such as person to person conversations or voice messages.

  • You may not use the YourLink Voice over IP of NetCall™ Business Service for:

    (a) chat lines or long distance call made using call forwarding and three-way calling features;

    (b) a call centre, call back, call sell (telemarketing) or debit card services;

    (c) bulk faxing; or (d) multi-party conference call or party lines.

Other restrictions may apply to the Service and a YourLink representative will advise you of those, if any, at the time you subscribe to the Service.

YOU ARE REQUIRED TO CONTACT YOURLINK BEFORE YOU USE ANY MEDICAL MONITORING DEVICES THROUGH THE SERVICE.

Your abuse or misuse of the Service or breach of any term contained in this Agreement may cause the Service to be terminated by YourLink (refer to YourLink’s Terms of Service for details regarding termination of the Service).

Service Interruptions YourLink does not warrant uninterrupted use of the Service. You understand that it is your responsibility to ensure that the telephone(s) you use with the Service are compatible with the Equipment. Most importantly, some telephone(s) may not operate if there is a power failure and if you are using a telephone that requires power to operate you would lose your ability to use the Service, including access to 9-1-1 emergency services until the power is restored. In addition, and in accordance with the Terms of Service, a power failure or disruption in the Service may require YourLink to reset or reconfigure the Equipment prior to you utilizing the Service.

Re-Sold ServiceWhere re-sold telephone service is being provided to you by YourLink as all or part of the Service: (i) maintenance for the local and long distance telephone service may be provided by parties other than YourLink; and (ii) all local and long distance telephone services may be subject to the terms and conditions imposed by the primary service provider (including applicable tariffs) with respect to the Service. YourLink reserves the right to transfer re-sold local phone service as a YourLink local service.

Automatic-Dialing Announcing Devices

YourLink enforces all Canadian Radio-television and Telecommunications Commission rules on Automatic- Dialing Announcing Devices (“ADAD”) and unsolicited voice and facsimile calls made for the purposes of solicitation. The use of ADAD to make unsolicited calls for the purposes of solicitation, used to place calls to emergency lines or healthcare facilities is strictly prohibited. If you violate these restrictions or those posted by the Canadian Radio-television and Telecommunications Commission YourLink may terminate the Service immediately.

Directory Service

  1. Your name, address and telephone numbers may be published in the telephone directory for your area. Unless you contact YourLink to advise you do not wish your information to be published in the telephone directory.

  2. In the case of errors or omissions in your, name, address and telephone number in the directory listings, whether or not the error or omission is with regard to telephone numbers, addresses, individual names or business names, YourLink is only responsible to provide you a refund or credit of any charges associated with the listings in question for the period during which the error or omission occurred.

Provision of 9-1-1 Access

You may use the Service to receive access to emergency services through the 9-1-1 service provider. The emergency 9-1-1 fee charged by the unicipality may be billed by YourLink each month as part of your monthly charge for the Service or may be billed directly to you by the Municipality.

If there is a suspension or termination of the Service, including as a result of a power failure, all features of the Service, including emergency 9-1-1 service, may be suspended or terminated.

Hearing Impaired Assistance

  1. You will have access to Hearing Impaired Assistance services through the Service. Hearing Impaired Assistance operators are available to assist you in placing calls to or from persons who use a telecommunications device for the deaf (“TDD”) machine. Long distance charges will apply where applicable.

  2. Hearing Impaired Assistance enables customers to communicate with deaf, hard-of-hearing, and speech impaired customers by relaying messages between TDD’s and conventional phone users.

Ownership of Numbers

YourLink owns all numbers provided to you including all telephone numbers and calling card numbers. YourLink may be required to modify or change such numbers at any point in time and will in no way be obligated to compensate you for such changes.

Security Codes

You are responsible to maintain the confidentiality of any security codes to your voice mail or other accounts.

Equipment Installation, Maintenance and Return Responsibilities

  1. YourLink will install the Equipment within your home. The Equipment will be supplied to you by YourLink solely for your use of the Service and will at all times remain the property of YourLink. You may use the Equipment only at the address you have indicated to YourLink at the time you subscribe to the Service. You are responsible to advise YourLink if your address is changing. If you move to a location outside of the area served by YourLink, this Agreement shall be terminated and you must return to YourLink all Equipment. Kindly refer to the Terms of Services for complete details regarding your obligations as they pertain to YourLink Equipment.

  2. You are responsible to supply at your cost all telephones required for your use of the Service, including without limitation, the supply of all medical and security monitoring devices, fax, including the wiring inside your home which is required to connect to the Service. YourLink has no obligation to maintain or repair any facilities or equipment owned by you. You are responsible to maintain your own equipment at your own cost. YourLink is not responsible if your equipment is not compatible with the Equipment or the Service or if your equipment interrupts or causes interference with the Service or if it causes the Service to fail for any reason whatsoever.

If you are Moving

If you move premises within YourLink’s serving area and you wish to transfer the Service, including your current telephone number, to the new premises, you must give YourLink a minimum of fifteen (15) calendar days advance notice by calling our Customer Service Department at 1-866-650-LINK(5465) or your local YourLink branch at the address shown in the Contact Us section of our Web site www.yourlink.ca. You may only transfer your telephone number within the same exchange area. The ability to transfer the Service to the new premises is dependant on the availability of the Service at the new location. If sufficient advance notice is not received, YourLink may not be able to provide the Service on the date of your relocation.

Confidentiality

YourLink may disclose any information as is necessary to:

(a) satisfy any legal, regulatory or other governmental request;

(b) operate the Service properly;

(c) protect YourLink or its customers, in accordance with the guidelines set out in YourLink’s Privacy Policy found at (http://www.yourlink.ca/privacy.html);

For the purpose of the Service, YourLink may be required to disclose your name, address and listed telephone number to: - 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; - 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; or - an agent retained by YourLink in the collection of your account, provided the information is required for and is to be used only for that purpose.

As part of the Service, YourLink offers privacy enhancing features such as Call Display, Call Display Block, Last Call Return and Call Trace. For more information on these features please contact our Customer Service Department at 1-866-650-LINK(5465).