ispeed Communications Inc.

Terms and Conditions

1.  Agreement

1.1 ispeed Communications Inc. (“ispeed”) is an internet service provider that offers internet access and other related services (collectively, the “Services”).  As a subscriber of the Services offered by ispeed (the “Subscriber”), the Subscriber agrees to abide by the following terms and conditions set out in this Internet Service Provider Agreement (the “Agreement”).  This Agreement governs the Services and any equipment and/or software used in conjunction with the Services provided to the Subscriber (collectively, the “Equipment”).

1.2 By establishing an account with ispeed, the Subscriber agrees to be bound by this Agreement, including any future modifications that may be made from time to time. ispeed will provide reasonable notice to the Subscriber of any modifications to this Agreement by posting notice of any changes made to the Agreement on ispeed’s website at www.ispeed.net  (the “Website”).  Continued use of the Services shall be construed as acceptance by the Subscriber of all current terms and conditions of this Agreement.

1.3 Certain additional and future services offered by ispeed may require an additional agreement with ispeed.  It is the Subscriber’s responsibility to be apprised of the most recent versions of all ispeed agreements and policies, which may be found at the Website.

2. Services

2.1 The Services may include internet access, software, hardware, email, webspace, wireless data, wireless voice, internet TV (IPTV) and other features. ispeed agrees to provide the Services to the Subscriber in exchange for a monthly payment as set out in clause 7 of this Agreement.  ispeed will from time to time provide notice of new services or products and that by the customer giving their email address this implicitly gives permission for ispeed to do so.

2.2 The Equipment and the Services provided to the Subscriber may be subject to intellectual property rights reserved by ispeed or third parties. Nothing contained in this Agreement may be construed or implied to grant to the Subscriber any right, license, title or ownership of or to any intellectual property rights of ispeed or any third party.

2.3 From time to time, ispeed may impose reasonable rules and regulations regarding the acceptable use of the Services (the “Acceptable Use Policies”) and the Subscriber agrees to use the Services in compliance with the Acceptable Use Policies.

2.4 The quality and speed of the Services can vary depending on location, Internet traffic, and other factors beyond the control of ispeed. ispeed does not warrant uninterrupted use of the Services.

2.5 ispeed has no control or authority over any of the materials circulating on its networks.  ispeed is not responsible for the actions of the Subscriber or for any content the Subscriber may distribute by any means through use of the Services. ispeed reserves the right to suspend the Subscriber’s account in response to any allegations of activity in violation of the law. ispeed will cooperate with any investigation of unlawful activity to the extent required by law.

2.6 ispeed is not responsible for any material that is posted or otherwise made available on the Internet. Certain material on the Internet may contain language or subject matter which some individuals may find offensive, inflammatory, or of an adult nature. ispeed does not endorse such materials and disclaims any and all liability for their contents.

2.7       ispeed reserves the right to prioritize time sensitive traffic, including but not limited to, VoIP and conferencing, over less time sensitive traffic, to provide higher levels of service to its Subscribers.

2.8  Under no circumstances shall ispeed, its employees, agents, contractors or representatives be held liable for loss of data including but not limited to e-mail messages, attachments, photos, web files, data files, or other content regardless of the reason.

2.9 In no event shall ispeed, its employees, agents, contractors or representatives be held liable for any damages whatsoever, including but not limited to damages for loss of business profits, business interruption, loss of business information, lost savings or other incidental of consequential damages or any other pecuniary loss arising out of the use or inability to use the Services and/or the Equipment.

2.10 ispeed reserves the right to change features of the Services at any time.

3.  Installation of the Equipment and the Services

3.1 ispeed may install or cause to be installed the Equipment at the premises specified by the Subscriber. The Equipment is provided to the Subscriber solely for use of the Services and will at all times remain the property of ispeed. The Subscriber may use the Equipment only at the address indicated to ispeed at the time of subscribing to the Services.

3.2 The Subscriber will be responsible for all costs and scheduling associated with the installation of the Equipment. The Subscriber will also be responsible for the cost of all wiring necessary to install the Equipment for the provision of the Services.

3.3 If the Subscriber is not the owner of the premises, the Subscriber warrants that the Subscriber has obtained the consent of the owner and/or its agent to enter the premises for installation of the Equipment.  The Subscriber shall indemnify and hold ispeed harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement.

3.4 ispeed may require the Subscriber to pay a deposit for the Equipment prior to providing the Subscriber with the Equipment.

3.5 Due to the availability and underlying infrastructure of the Services, it may not be possible to provide the Services to everyone. ispeed reserves the right to cancel the installation of the Equipment and refund any money that the Subscriber has paid in association with the Equipment. ispeed will notify the Subscriber of its intent to cancel as soon as reasonably possible.  ispeed shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation of the Equipment or provide the Services.

3.6 The Subscriber is responsible for the safekeeping of the Equipment. If the Equipment is damaged, lost or stolen while in the care of the Subscriber, the Subscriber agrees to pay ispeed the full cost, including the costs incurred by ispeed to recover, repair and/or replace the Equipment. The Subscriber hereby authorizes ispeed to deduct via direct debit for all charges in payment for any damage to the Equipment.

3.7 Any unauthorized modifications or tampering with the Equipment or unauthorized use of the Equipment are expressly prohibited under this Agreement.

3.8 On the expiration or early termination of the Services, the Subscriber is required to return the Equipment to ispeed in good working order.  To arrange for the return of the Equipment, contact ispeed at service@ispeed.net . If upon the expiration or early termination of the Services, the Equipment has not been returned to ispeed within seven (7) days, the Subscriber agrees to grant ispeed permission to access the Subscriber’s premises to remove the Equipment. Failure by ispeed to remove such Equipment shall not be considered abandonment of the Equipment.

3.9  All equipment and devices the Subscriber is required to supply for access and use of the Services or that the Subscriber uses or intends to use in connection with the Services such as computer equipment or any other equipment and/or associated devices (collectively, the “Subscriber’s Equipment”) shall be and remain the responsibility of the Subscriber.  ispeed is not responsible for the operation or use of the Subscriber’s Equipment, including without limitation, the compatibility of the Subscriber’s Equipment with the Equipment or the Services.

3.10 The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to the Subscriber’s Equipment. The Subscriber is solely responsible for backing up all existing computer files and data. ispeed, its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of the Subscriber’s Equipment, software, files, data, or peripherals.

3.11 If the Subscriber elects to self install the Equipment, the Subscriber assumes all responsibilities for impacts to or loss of any warranty associated with the Subscriber’s Equipment for installation purposes.  The Subscriber also assumes all responsibilities for any damage to the Equipment and the Subscriber agrees to pay ispeed the full cost, including the costs incurred by ispeed to recover, repair and/or replace the Equipment.

3.12 ISPEED DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY THE SUBSCRIBER OR BY A THIRD PARTY WILL ENABLE THE SUBSCRIBER TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO THE SUBSCRIBER’S EQUIPMENT, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, ISPEED SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF SELF-INSTALLATION.  THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
4. Maintenance of the Equipment and the Services

4.1 ispeed will provide free technical support to configure and maintain the Services and the Equipment.  A call-out fee may be payable if technical support is required outside of regular business hours, which are 8 a.m. to 5 p.m. Monday to Friday, except public holidays. ispeed is not responsible for any damage to the Subscriber’s Equipment or any system failures resulting from providing such technical support.

4.2 From time to time, ispeed may schedule maintenance windows that may interrupt or affect the Services.  ispeed will post maintenance and outage schedules on the Website and will send an email to affected customers although there may be exceptions when ispeed will not be able to notify the Subscriber of downtime due to circumstances beyond ispeed’s control.

4.3 ispeed may interrupt and/or make inspection of the Equipment and/or the Services at any time for any duration of time, without notice or liability to the Subscriber in order to install, inspect, repair, replace or to perform necessary maintenance on the Equipment or for other technical reasons as may be required to ensure proper functioning of the Services and the Equipment.

4.4 The Subscriber agrees to provide ispeed, its employees, agents, contractors or representatives reasonable access to the Equipment and/or to the Subscriber’s address, as may be reasonably necessary under the circumstances, in order to install, inspect, repair, replace or to perform necessary maintenance on the Equipment or for other technical reasons as may be required to ensure proper functioning of the Services and the Equipment.  ispeed is only required to provide the Subscriber reasonable notice if ispeed needs access to the Subscriber’s premises or on the property where the Subscriber receives the Services.

4.5 ispeed has no obligation to maintain or repair any of the Subscriber’s Equipment.

5.  Subscriber Responsibilities

5.1 The Subscriber must be eighteen (18) years of age or older. Minors can be authorized to use the Services with the consent of an adult and if the account is in the adult’s name. It is the adult’s responsibility to ensure that the bill is paid in a timely manner.

5.2 The Subscriber agrees to ensure adequate supervision of minors using the Services.

5.3 The Subscriber agrees to provide ispeed with complete and correct registration information including residential address, email address, phone number, bank account details and billing information for setting up an account for the Services.  The Subscriber further agrees to keep current all registration information.

5.4 The Subscriber agrees to abide by this Agreement and the Acceptable Use Policies and will only use the Services for lawful purposes.  The Subscriber shall indemnify and hold ispeed harmless against any legal action taken against ispeed in connection with the Subscriber’s use of the Services.

5.5 The Subscriber agrees to use the Services without interfering with anyone else’s use of the Services.  The Subscriber agrees not introduce viruses, worms,malware, harmful code and/or trojan horses on the internet or use the Services to spam, mail bomb, phish, publish any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party rights or any other similar activity.

5.6 The ispeed network consists of all the communications facilities owned by ispeed and by other third parties that collectively provide the Services to the Subscriber (the “Network”).  The Subscriber agrees not to interfere with any part of the Network.

5.7 The Subscriber agrees not to use or register any ispeed trade-marks, trade names or logos without prior written permission.

5.8 The Subscriber agrees to use the Equipment only in association with the Services and the Network.

5.9 The Subscriber shall not at any time relocate the Equipment to another address without ispeed’s prior written consent.

5.10 The Subscriber shall indemnify and hold ispeed harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney’s fees and expenses that ispeed may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and ispeed’s other agreements and policies and for any act or omission of the Subscriber.

6.  Term

6.1 By establishing an account with ispeed, the Subscriber agrees to be bound to this Agreement for the use of the Services and the Equipment for an initial term as shown on the front of this Agreement (the “Term”).

6.2 At the end of the Term, continued use of the Services by the Subscriber shall be construed as acceptance by the Subscriber to continue use of the Services and the Equipment on a month-to-month basis in accordance with the terms and conditions of this Agreement.

6.3 Prior to the end of the Term, the Subscriber may contact ispeed and arrange to continue use of the Services and the Equipment on a fixed term basis in accordance with the terms and conditions of this Agreement.

7. Billing

7.1 The Subscriber agrees to be charged a monthly fee for use of the Services and the Equipment (the “Fee”).  Current pricing of the Fee may be obtained by contacting ispeed at the Website.  ispeed reserves the right to change the Fee and institute new fees at any time upon providing thirty (30) days written notice to the Subscriber .  The Fee is also subject to any applicable taxes.

7.2 The Subscriber agrees to pay for all invoiced amounts on or before the Services are rendered.  The first payment will be rendered by the Subscriber to ispeed immediately after registration for the Services and the Equipment.

7.3 ispeed will send an invoice to the Subscriber via electronic mail or by regular mail approximately three (3) days prior to the due date for payment of the Fee (the “Billing Date”).

7.4 The Subscriber agrees to provide ispeed with authorization to deduct the Fee via direct debit on the due date for payment of the fee (the “Payment Date.”)

7.5 The Fee will be deducted on the Payment Date regardless of whether or not the Subscriber received an invoice.  If the full amount of the Fee is not received from the Subscriber on the Payment Date, ispeed will attempt to notify the Subscriber of the default in payment.  The Subscriber shall be responsible for any additional charges or expenses such as overdrawn accounts that result from payment of the Fee.

7.6 ispeed reserves the right to deactivate the Subscriber’s account and/or suspend the Services if the Fee is not received within 10 days of the Payment Date.  To reactivate the account and/or reinstate the Services, the Subscriber must pay any past due amount, the current month’s charge, plus a reactivation fee, as set out in the Website.

7.7 If the Subscriber’s account remains deactivated and/or if the Services have been suspended for twenty (20) days or more, ispeed reserves the right to terminate the account in accordance with clause 8 of this Agreement.

7.8 The Subscriber must notify ispeed in writing of any billing errors within thirty (30) days of the Billing Date (the “Dispute Period”).  Obligation to pay the Fee will continue until such written notice is received by ispeed.  Termination of the Services does not constitute relief from payment of the Fee incurred prior to termination.

7.9 After expiration of the Dispute period, all charges will be presumed valid and the Subscriber shall release ispeed from all liabilities resulting from any error that the Subscriber did not report within the Dispute Period.

8. Canceling the Services

8.1 The Subscriber may terminate the Agreement by giving thirty notice to ispeed.  If the Subscriber terminates the Agreement before expiry of the Term, an early disconnection fee may be payable. The disconnection fee consists of the Fee for the number of months remaining in the Term.

8.2 ispeed may terminate this Agreement at any time without notice for the following reasons: if ispeed, in its sole discretion, believes the Subscriber has breached this Agreement and/or the Acceptable Use Policy, used the Services in violation of the laws of this country, or if the Subscriber failed to pay the Fee at the Payment Date.  Otherwise, ispeed may terminate this Agreement by sending a termination notice to the Subscriber.

8.3 ispeed will accept cancellation by phone, fax or email.  The Subscriber must provide ispeed with the address, phone number, and account number of the Subscriber.

8.4 ispeed will accept temporary suspension of the Services at the request of the Subscriber.  In such case, this Agreement continues to be in effect

8.5 Upon cancellation or temporary suspension of the Services, the Subscriber’s account will be active until the last day of the month notice was given (the “Termination Date”).  No refunds or credit will be given for any partial use of the Services during the last month of cancellation. A disconnection fee will apply, and other charges may apply.

8.6 If ispeed mistakenly bills the Subscriber after cancellation of the Services, ispeed will refund any erroneous charges upon proof of cancellation.

8.7 The Subscriber shall arrange for and assume all costs associated with the removal of the Equipment from the Subscriber’s premises and the safe return of the Equipment to ispeed upon cancellation of the Services.

8.8 The Equipment must be returned to ispeed within fourteen (14) days of the Termination Date. If the Equipment is damaged, lost or stolen while in the possession of the Subscriber, the Subscriber agrees to compensate ispeed the full cost of recovering, repairing and/or replacing the Equipment.

8.9 If the Subscriber is dissatisfied with the Services, the Equipment or the terms, and conditions of the Agreement, or any rules or policies of ispeed, the Subscriber’s sole remedy is to terminate the Agreement and pay any cancellation fee that may apply.  If the Subscriber terminates the Agreement within thirty (30) days of creating an account with ispeed, ispeed will waive the cancellation fee.

8.10 If the Subscriber is moving, the Subscriber must give ispeed thirty (30) days written notice.  If the Subscriber’s new premises is outside ispeed’s service area, provided the Equipment is returned to ispeed in good condition, no disconnection fee will apply.

9.  ACCOUNT, PASSWORD, AND SECURITY
9.1 Upon registration, the Subscriber may receive a username, password, and other account information.  All authorized users must comply with this Agreement.

 

9.2 It is the Subscriber’s responsibility to keep the password and username confidential so that no one else may access the Services through the Subscriber’s account.

 

9.3 It is the Subscriber’s responsibility to notify ispeed immediately upon discovering any unauthorized use of the Subscriber’s account.  Until then, the Subscriber remains responsible for any and all unauthorized use.

10.  Privacy Policy

10.1 ispeed agrees that it will not sell or otherwise release personal information of the Subscriber to any third party, except when required to do so by law or due to a violation of the Agreement and/or the Acceptable Use Policy.

10.2 ispeed has no obligation to monitor the Subscriber’s use of the Services, but may do so and disclose information to a third party regarding the Subscriber’s use of the Services if ispeed, in its sole discretion, believes that it is reasonable to do so for the purpose of satisfying laws, regulations, or governmental or legal requests; operating the Services properly; or protecting itself, its employees, agents, representative and other Subscribers.

 

11.  DISCLAIMERS AND WARRANTIES
11.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ISPEED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ISPEED MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH ISPEED OR THE INTERNET GENERALLY.

 

11.2 ISPEED DOES NOT WARRANT THAT ANY DATA OR COMMUNICATION SENT BY OR TO THE SUBSCRIBER 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 IS FREE OF DEFECT, ERROR OR VIRUSES.

 

11.3 IN THE EVENT OF ANY BREACH BY ISPEED, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR ANY NEGLIGENCE BY ISPEED, THE SUBSCRIBER’S EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM ISPEED PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE FEES PAID BY THE SUBSCRIBER TO ISPEED IN THE PAST THREE MONTHS FOR THE SERVICES.

11.4 NO ADVICE OR INFORMATION GIVEN BY ISPEED, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL CREATE A WARRANTY. ISPEED, ITS EMPLOYEES AGENTS OR REPRESENTATIVES ARE NOT LIABLE TO THE SUBSCRIBER OR TO ANY THIRD PART FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE SUBSCRIBER’S USE OF THE SERVICES, THE EQUIPMENT, OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS AND LOSS OF BUSINESS OPPORTUNITIES, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING THE SUBSCRIBER’S USE OF THE EQUIPMENT AND/OR SERVICES THEREOF, OR THE SUBSCRIBER’S RELIANCE ON OR USE OF ANY INFORMATION, SERVICE, MERCHANDISE OR MATERIAL VIEWED OR PROVIDED ON OR THROUGH USE OF THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN RECEPTION OR TRANSMISSION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICES.
11.5 WITHOUT INTENDING TO BE LIMITING, ISPEED SHALL HAVE NO LIABILITY WHATSOEVER FOR AND THE SUBSCRIBER SHALL INDEMNIFY AND SAVE ISPEED HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGMENTS HOWSOEVER ARISING OUT OF ANY OF THE FOLLOWING ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: THIRD PARTY USERS OF THE SERVICES AND EQUIPMENT NOT AUTHORIZED BY ISPEED; SECURITY BREACHES; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; THE USE OF THE EQUIPMENT OR SERVICES BY THE SUBSCRIBER OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET; ANY LOSSES, DAMAGES, EXPENSES OR COSTS (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED ON A CONTENTION THAT THE USE OF THE EQUIPMENT AND/OR THE SERVICES BY THE SUBSCRIBER OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
11.6 THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF ISPEED, ITS EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ISPEED IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.  THE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT.

 

12.  Governing Law

12.1 This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada without regard to conflict of law provisions.  The Subscriber hereby consents to the exclusive jurisdiction of the courts of such jurisdiction.

12.2 Written notice of any claim or claims against ispeed should be sent to:

ispeed Communications Inc.
c/o Pushor Mitchell LLP
3rd Floor, 1665 Ellis Street,
Kelowna, British Columbia
V1Y 2B3

13.  General

13.1  This Agreement, the Acceptable Use Policies, and any other policies, terms and conditions posted on ispeed’s website constitutes the entire agreement and understanding between ispeed and the Subscriber with respect to the use of the use of the Services and the Equipment.  This Agreement is in force and effect as of March 1st 2015 and supercedes and replaces any and all prior written or verbal agreements. ispeed may revise, amend, or modify the Agreement at any time and in any manner. Notice of any revision, amendment, or modification will be posted on the Website.

13.2 The Subscriber may not assign, resell, delegate or transfer its responsibilities under this Agreement to any person without prior written consent of ispeed and any attempted assignment or delegation without such consent shall be void. This Agreement will enure to the benefit of, and be binding upon, the Subscriber’s heirs, executors, administrators, successors and permitted assignees.

13.3  Upon termination of this Agreement, all accrued obligations or liabilities and the provisions which by their nature are intended to continue beyond such termination will remain in effect.

13.4 If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected thereby. Ispeed will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Ispeed as reflected in the original provision.

13.5  Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. Ispeed may subcontract any work, obligations or other performance required of Ispeed under this Agreement without your consent.

13.6 The failure of either party to insist upon strict interpretation of this Agreement or to exercise any options herein, shall not act as a waiver of any right or option, but the same shall continue to be in full force and effect. No waiver by either party of any breach shall be effective unless expressed in writing.