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may include: local out of bundle minutes, fees and charges for features, Long Distance
and Roaming charges; text messaging, mobile browser and picture messaging charges;
System Access Fee, 9-1-1 emergency service fees, connection charges, Device leasing
charges, late payment charges and all applicable taxes.
Prepaid Service
Prepaid customers are also subject to these Terms of Service. Charges will be
deducted (i) immediately for usage and pay per use services, and (ii) every month
for recurring features, in each case from your Bell Mobility Prepaid account in
accordance with the terms described in your Prepaid Activation Kit.
Security Deposits
Should your credit rating or usage charges warrant, we may require a refundable
security deposit from you. Your security deposit will be returned to you after 6
months of consistent payments in the same form as originally provided.
Transferring Responsibility
You may not transfer your account to anyone else without our prior consent. You must
contact our Customer Service department and a transfer service fee may be charged.
Loss or Theft
It is your responsibility to notify us immediately if your Device is lost, stolen or destroyed.
You are responsible for replacing it and for all fees and charges incurred prior to you
notifying us.
Responsible use of Services
You cannot use the services or your Device for any illegal or abusive purposes. You
cannot use the services or Device if your use causes our network, or our ability to
provide services to others, to be adversely affected. You cannot threaten or abuse any
Bell Mobility employee or representative. To protect the integrity of our network, you
may not resell any of our services or allow any alteration of the electronic serial number
located on your Device. In addition, you must agree to follow all other service
regulations issued or adopted by us.
Indemnity
You are responsible for and will indemnify us for all damages, losses, expenses and any
action, claim and judgment which may be made against us by anyone in connection
with your use of our services or violation of these Terms of Service.
Licenses
You grant us and our suppliers a world-wide, royalty-free, unrestricted license to use,
copy, adapt, transmit, display and perform, distribute and create compilations and
derivative works from any and all user content you elect to post in connection with the
service, solely as required for us to provide you the service. You acknowledge that we
may store your user content on our facilities for the purposes of you accessing such
content, but that if you fail to access such content within a certain period of time (not
less than 30 days from the last access unless we tell you otherwise) or if your service
terminates, we may delete such content without notice to you.
limits on our liability
Except for physical injuries or death, or damage to property caused by our gross
negligence, we are not liable to you or anyone using your Device for the following:
i) defects, failures or interruptions in transmission;
ii) any damages, loss of profits, loss of property, loss of earning, loss of business
opportunities, or any other loss, however caused, arising directly or indirectly from
your use of the service, features or your Device;
iii) any content transmitted on or recorded by our network, including content that may
be illegal, dangerous, defamatory or annoying or which may infringe upon the
intellectual property, privacy or other rights of another party;
iv) our acts or omissions, including those of our employees, agents and persons for
whom we are legally responsible, whether negligent or otherwise;
v) any violation by you of these Terms of Service, your negligence, or acts or omissions
when using the service, features or your Device;
vi) loss, theft or unauthorized use of any Bell Mobility Prepaid cards or the12 digit-pin.
The following applies when we provide e9-1-1 Services. Our liability is not limited by
the limitations set out below in cases of our deliberate fault, gross negligence or anti-
competitive conduct or in cases of breach of contract where the breach results from our
gross negligence. Except in cases where our negligence results in physical injury, death
or damage to your property or premises, our liability for negligence related to our
provision of e9-1-1 Services is limited to the greater of $20 and three times the amount
you would otherwise be entitled to receive as a refund for the provision of defective
service under this Contract. In respect of our provision of e9-1-1 Services, we are not
liable for:
(i) libel, slander, defamation or the infringement of copyright arising from material or
messages transmitted over our telecommunications network from your property or
premises or recorded by your Device or our equipment;
(ii) damages arising out of your acts, default, neglect or omission in the use or
operation of equipment we have provided to you; and
(iii) any act, omission or negligence of other companies or telecommunications systems
when facilities of such other companies or telecommunications systems are used in
establishing connections to or from your facilities and Device.
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