Website Terms of Use


This Website is owned and provided by Mornington Communications Co-operative Limited (MCCL) and is provided for your information and education. Your use of this Website is subject to the following terms and conditions. Your use of the Website constitutes your acceptance of these terms and conditions and your agreement to be bound by them.

If you do not agree to these terms, or if you do not agree with our Privacy Policy posted on this site, please do not use this Website or any services offered by this Website.

We reserve the right to change these terms and conditions at any time without notice.

Intellectual Property


All names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property ("Content"), are the property of MCCL.

This includes the entire Content of the Website, copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other content on this site, except as provided in these Terms of Use or in the site content, is strictly prohibited.

Also, you may not, without our permission, copy and distribute this information on any other server, or modify or re-use text or graphics on this system or another system. We reserve all other rights.

You may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Website Content for public or commercial purposes without our written permission for such use of Content.

Limitation of Liability


MCCL will not be liable for any damages or injury that accompany or result from your use of its site. These include, but are not limited to, damages caused by any:

Keep in mind that we are not liable for any damages.

Disclaimer


The materials in our site are provided as is. This means that MCCL disclaims all express and implied warranties about the material in this site. This includes, but is not limited to, warranties:

In addition to the above, you (and not MCCL), assume the entire cost of all necessary servicing, repair or correction.

Links

This Website may contain Links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such Linked sites. We are not responsible for the contents or transmission of any Linked Site or any Link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

Choice of Law and Enforcement


Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of Canada and the Province of Ontario without regard for conflict of laws provisions.

Contact Information


You may send your comments to us at privacy@mornington.ca

Terms of Service


On August 29, 2006, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a statement of key consumer rights with respect to home phone service. This statement clarifies consumers key rights.

On December 2, 2013, the CRTC implemented the Wireless Code of Conduct. More information about the WCOC can be found here

You may also like to read about our Privacy Policy and our Legal/Copyright statement.

Home Phone Additional Terms of Service


  1. Directory Policy - Customers are entitled to receive, without charge, a copy of a current local telephone directory and a copy of subsequent updated directories as they are published. MCCL will provide, without charge, replacement directories required as a result of reasonable wear and tear. The contents of MCCL’s directories may not be published or reproduced in any form without the MCCL's written consent.
  2. Directory Errors and Omissions - In the case of errors or omissions in directory standard listings, whether or not the error or omission is with regard to a telephone number, MCCL's liability is limited to making a refund or canceling any charge associated with such listings for the period during which the error or omission occurred. However, where the error or omission is occasioned by the MCCL's negligence, MCCL is limited to the greater of $20.00 and three times the amounts refunded or cancelled. In the case of errors in telephone numbers in directory listings, unless central office facilities are unavailable, MCCL must provide reference of call service, free of charge, until termination of the customer's service or distribution of updated directories for that district in which the number or listing is correct.

Rental Equipment Replacement Costs (as of May 2016)

DSL Modem $45
Wireless Equipment $250
Non-PVR TV Box $200
PVR TV Box $379
Remote Control $14.95
Replacement Batteries for Fibre at current market cost

Rental Equipment Additional Terms of Service (Television/Internet)


  1. There are separate fees for each individual digital TV outlet and only one television or FM receiver may be attached to any outlet. Any unauthorized attachments to MCCL’s cable or equipment or tampering with MCCL’s equipment or unauthorized use of MCCL’s signals constitute a breach of this agreement and theft under the Criminal Code of Canada.
  2. MCCL reserves the right to increase equipment rental fees upon notice to the CUSTOMER.
  3. MCCL shall be permitted access to all MCCL owned equipment located on the Customer’s premises used in connection with the Services. Customer represents and warrants to MCCL that if Customer does not own the premises where Services are to be provided, the Customer has consent of the owner of the premises
  4. The rental equipment is, and shall at all times be and remain the sole and exclusive property of MCCL, and the CUSTOMER shall have no right, title or interest therein or thereto except as expressly set forth in this agreement. Upon default, expiration or early termination of this agreement for any of the reasons set out in this agreement, the CUSTOMER shall return the rental equipment to MCCL forthwith in good repair, condition and working order.  Ordinary wear and tear resulting from proper use thereof alone accepted.  
  5. The CUSTOMER hereby assumes and shall bear the entire risk of loss and damage to the equipment save and except reasonable wear and tear. No damage or loss to the equipment or any part thereof shall impair any obligation of the CUSTOMER under this agreement which shall continue in full force and effect.
  6. The CUSTOMER agrees that MCCL has rented the equipment solely for the purpose and the CUSTOMER shall not use the equipment for any other purpose whatsoever. In the event the CUSTOMER uses the equipment for any purpose other than that specified, MCCL at its option may at once terminate this contract.
  7. The CUSTOMER shall indemnify MCCL and hold MCCL harmless from any and all claims, actions, suits, costs, expenses, damages, and liabilities including solicitor’s fees arising out of, in connection with, or resuming from the equipment including without limitation the possession, use or return of the said equipment.
  8. MCCL shall not be liable for any injury or damage whatsoever to property or persons resulting from any use or operation whatsoever of the rental equipment.
  9. In the event the CUSTOMER breaches any of the terms or conditions of this agreement, MCCL shall have the option without notice to end this agreement and to retake the said rental equipment as herein provided.
  10. Failure to Return Rental Equipment:  If the CUSTOMER fails forthwith to return the said rental equipment, MCCL shall on 15 days’ notice have the further right to exercise any one or more of the following remedies:
    1. The CUSTOMER agrees to pay to MCCL full replacement value at current market rates plus applicable taxes of any equipment not returned to MCCL upon disconnection, together with any costs incurred by MCCL in obtaining or attempted to obtain possession of any such equipment or payment of such amounts.
    2. To declare the entire amount of rent hereunder immediately due and payable to MCCL without damage or notice to the CUSTOMER.
    3. To sue for and recover all rent accrued or thereafter accruing with respect to said equipment.
  11. CUSTOMER IS RESPONSIBLE FOR THE REPLACEMENT OF EXPIRED BATTERIES

IT IS YOUR RESPONSIBILITY TO ARRANGE FOR THE RETURN OF THE RENTAL EQUIPMENT TO OUR OFFICE SHOULD YOU MOVE OR
CANCEL THIS AGREEMENT.

NOTE: Equipment should not be placed directly on top of furniture as rubber feet may cause damage to finish surfaces. MCCL accepts no responsibility for such damage.

General Terms of Servie


The following information is important for all customers to read when subscribing to services provided by Mornington Communications Co-operative Limited (referred to as “MCCL”).

  1. Billing Frequency and Payment Policy – The customer is responsible for payment to MCCL of charges for all services and equipment provided. Fixed charges are billed monthly (provided always MCCL may bill for a charge up to 6 months after the charge was incurred) and are due and payable from the date of the customer’s invoice or statement. Bills not paid on or before the due date are subject to a late payment charge of 1.25% monthly (16.08% annually). Late payment will be applied to the next bill. Payment can be made each month by an automatic withdrawal from a bank account or credit card (Visa or Master Card), by telephone banking, on-line banking or in person at MCCL’s business office. Payments can also be mailed to: Mornington Communications Co-operative Limited, 16 Mill Street East, P.O. Box 70, Milverton, Ontario N0K 1M0. The customer agrees that MCCL can charge any outstanding amount, including late payment charges, on the customer’s account to the customer’s credit card, bank account or any other payment method pre-authorized by the customer for payment of MCCL charges. Any questions regarding charges must be reported to MCCL within 90 days of MCCL’s bill to customer, failing which the customer is deemed to accept the charges. If MCCL agrees unauthorized or incorrect charges were made to the customer’s account, MCCL will reverse those charges within 30 days of such determination.
  2. Administrative and Return Cheque Charge – Customers will be required to pay MCCL a $25.00 service charge for each NSF cheque.
  3. Security Deposits – MCCL may require a security deposit from a customer at any time and on any terms as determined in MCCL’s sole discretion. MCCL will advise the customer of the deposit requirement and of the possibility of providing an alternative to a deposit acceptable to MCCL, provided at no time may the total amount of all deposits and alternatives provided by or for a customer exceed three months’ charges for all services, including anticipated long distance charges. Deposits earn interest, which is equivalent to Canadian chartered bank rates for non-chequing savings accounts as charged form time to time. MCCL will print on recurring bills the telephone number of a company representative to whom any questions regarding the deposit may be directed.
  4. Warranty – MCCL warrants the services provided will be installed in a good and workmanlike manner. Except for the express warranty in this Section, MCCL makes no other representations or warranties, express or implied, and hereby disclaims the warranties of merchantability and fitness for a particular purpose. MCCL disclaims all other warranties, either express or implied, to the maximum extent permitted by law regarding the services to be provided to the customer. MCCL does not warrant the services will be uninterrupted, error-free or completely secure and shall not be responsible for any loss or damage suffered by the the customer as a result. MCCL will not be liable for any interruption in services or any delay or failure to perform and the customer agrees to bear the entire risk of use of the services and equipment. the customer agrees that MCCL and its representatives shall not be held liable with regard to any damages arising, directly or indirectly, from this Agreement. MCCL have no liability to the customer for special, direct, indirect, incidental or consequential, economic or punitive damages incurred by the customer in connection with the services or this Agreement, however caused, even if MCCL were negligent and regardless of whether or not the customer was advised of the possibility of such damages in advance.
  5. Disconnection Policy – The minimum contract period for MCCL’s services is one month starting from the date service is provided, except where MCCL provides for a longer period. Installation work is considered to start when the customer requests MCCL to proceed and MCCL has incurred any related expense. A customer who cancels or delays a request for service after installation work starts, but before services are provided will be charged the full charge for the entire minimum contract period, plus the installation charge and such estimated installation costs incurred less estimated net salvage. Customers who give MCCL reasonable advance notice may terminate the services after expiry of the minimum contract period, in which case the customer must pay charges due for services provided. MCCL may suspend or terminate a the customer’s services only where the customer fails to pay an account of the customer that is past due, provided the account is more than $50.00 or has been past due for more than two months, fails to provide or maintain a reasonable deposit or alternative when required by MCCL, fails to comply with the terms of a deferred payment agreement or repeatedly fails to provide MCCL with reasonable entry. Prior to suspension or termination, MCCL will provide the customer with notice, stating the reason for the proposed suspension or termination and the amount owing (if any); the scheduled suspension or termination date; that a reasonable deferred payment agreement acceptable to MCCL can be entered into (where the reason for suspension or termination is failure to pay); the reconnection charge and the telephone number of a MCCL representative with whom the account may be discussed. Except with the customer’s consent or in exceptional circumstances, suspension or termination may occur only on business days between 8 a.m. and 4 p.m., unless the business day precedes a non-business day, in which case disconnection may not occur after 12 noon. Suspension or termination does not affect the customer’s obligation to pay any amount owed to MCCL. MCCL will restore services, where the grounds for suspension or termination no longer exist or a payment or deferred payment agreement has been negotiated to MCCL’s satisfaction.
  6. Costs – All Collection and legal costs incurred by MCCL regarding breach of any term of this Agreement shall be the responsibility of the customer and shall be due and payable immediately upon demand by MCCL.
  7. Restrictions. The customer shall not, nor shall it allow others to abuse or fraudulently use the services including, but not limited to, using the services (1) to interfere with the use of the network by other authorized users, (2) in violation of provincial or federal laws, or (3) in contravention of international laws. MCCL reserves the right to take all action which it considers necessary to compel the customer to comply with such laws or, in the alternative, to immediately terminate the Services. For a full list of MCCL terms and conditions, please refer to our web site at www.mornington.ca, which terms and conditions are, by reference hereto, deemed to be part of this Agreement.
  8. Force Majeure. Neither party shall be in default of this Agreement to the extent its performance is delayed or prevented by causes beyond its control, including but not limited to act of God, earthquake, flood, embargo, riots, sabotage, utility or transmission disruption, failure or delay, fire or labour disputes, but not including lack of funds.
  9. Proprietary Rights. The customer acknowledges and agrees with MCCL that the customer does not own any intellectual property or other identifier (ie telephone number, calling card or PIN number, email, access codes, domain name or web page address, etc.) assigned to the customer and MCCL may change or remove any such intellectual property or identifier any time upon notice to the customer.
  10. Waiver and Remedies. No failure or delay on the part of a party to exercise any right or remedy shall operate as a waiver thereof, nor shall it preclude the further exercise of the right or remedy or the exercise of any other right or remedy. Except as expressly provided to the contrary, the remedies provided herein are cumulative of any remedies provided by law.
  11. Indemnity. The customer shall indemnify MCCL and hold MCCL harmless from any and all claims, actions, suits, costs, expenses, damages and liabilities including all legal fees on a full indemnity basis, arising out of or in connection with the services, including possession, use or return of Mornington owned equipment. The customer also agrees to indemnify and hold MCCL harmless with respect to all legal fees on a full indemnity basis claimed by a third party against MCCL in which there is an allegation of facts that constitutes or may constitute misconduct on the customer’s part or the customer’s failure to comply with any of the customer’s obligations under this Agreement and the customer agrees to indemnify and hold MCCL harmless for damages caused by the customer’s misconduct or failure to meet the customer’s obligations.
  12. Interpretation. The headings shall not form part of this Agreement. This Agreement shall be read with all changes of number and gender required by the context. If there is more than one customer named in this Agreement, all covenants, undertakings and agreements in this Agreement given by a customer shall be deemed to be given by each customer on a joint basis with every other customer.
  13. Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by the customer without the prior written consent of MCCL. MCCL may assign their interest in this Agreement without the customer’s consent. Subject thereto, this Agreement shall be to the benefit of and be binding upon the parties and their respective successors and assigns, which in the customer’s case shall be their permitted assigns.
  14. Changes. MCCL may change, at any time, any rates (subject only to any requirements of the Canadian Radio-Television and Telecommunications Commission), features, functionality, content or any other aspects of the services by providing notice to you, by message to you by your bill, letter, or email.
  15. Governing Law. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  16. Confidentiality of customer Records. MCCL’s corporate and online privacy policies are available at www.mornington.ca. To contact Mornington’s privacy officer or to obtain more information about or to obtain a copy of our privacy policy please contact us using the contact information set forth in paragraph 20 below.
  17. Roaming Charges. When roaming off of MCCL’s facilities or networks, the customer agrees to pay all of MCCL’s charges and to be subject to the limitations or conditions of service of the applicable service provider for such roaming services.
  18. Customer Content. The customer grants to MCCL a world-wide, royalty free and non-exclusive licence with respect to all content the customer makes available for inclusion on areas of the services accessible to the public.
  19. Resale, Sharing, Distribution, Servers - Residential Customers. Mornington residential customers may not resell, share, or otherwise distribute the Services or any portion thereof to any third party without the written consent of Mornington. For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide email or news service, or send a news feed. The Mornington residential service offering is a consumer product designed for your personal use. You may not run a server in connection with the Mornington residential service, nor may you provide network services to others via the Mornington residential service. The Mornington residential service includes personal Webspace accounts for publishing personal Web pages. Examples of prohibited uses include, but are not limited to, running servers for mail, http, ftp, irc, and dhcp, and multi-user interactive forums. Resale, Sharing, Distribution, Servers - Business Customers. The above restrictions regarding resale, sharing, distribution and use of servers also apply to all business customers, except to those business customers who have specific internet services and agreements. Where a business customer is not certain about whether their Internet Service package permits this activity please contact Mornington.
  20. Fibre Optic Equipment – Optical Network Terminal (ONT). Customers on Mornington’s fibre optic service will have an ONT on their premises. This ONT will remain the property of Mornington Communications. Intentional damage, tampering or failure to t return the equipment when requested may result in a charge equivalent to Mornington’s replacement t cost.
  21. Fibre Optic Equipment – Uninterruptable Power Supply (UPS). With every ONT installation Mornington also installs a UPS to operate the ONT which ensures the customer has telephone service during power outages for up to 8 hours. This UPS remains the property of Mornington Communications. The battery for the UPS is the responsibility of the customer. When initially installed it comes with a 2 year warranty. If replacement is required after the warranty period, the customer will be charged fair market value.
  22. Entire Agreement. This Agreement, including any terms and conditions on MCCL’s web site, is the entire agreement between the parties pertaining to MCCL’s terms of service. There are no warranties, representations or other agreements between the parties except those specifically set out herein. MCCL may amend this Agreement upon notice to you by message on your bill, letter or email.
  23. Contact Information. For more information or to lodge a complaint, please contact: Mornington Communications Co-operative Limited 16 Mill Street East, P.O. Box 70 Milverton, Ontario N0K 1M0 519.595.8331 or 1.800.250.8750 www.mornington.ca Email: sales@mornington.ca

    Additional Terms of Service - Telelphone Service


  24. Directory Policy. Customers are entitled to receive, without charge, a copy of a current local telephone directory and a copy of updated directories as they are published. MCCL will provide, without charge, replacement directories required as a result of reasonable wear and tear. The contents of MCCL’s directories may not be published or reproduced in any form without MCCL’s written consent. The customer may decide to have their name, address and/or telephone number listing information omitted from these directories by requesting and paying for an unlisted number, provided always that the customer’s name, address and telephone number will be accessible by emergency service (9-1-1) providers.
  25. Directory Errors and Omissions. In the case of errors or omissions in directory listings, whether or not the error or omission is with regard to a telephone number, MCCL’s liability is limited to make a refund or cancelling any charge associated with such listings for the period during which the error or omission occurred. However, where the error or omission is occasioned by MCCL’s negligence, MCCL’s liability is limited to the greater of $20.00 and three times the amount refunded or cancelled. In the case of errors in telephone numbers in directory listings, MCCL must provide reference of call service, free of charge, until termination of the customer’s service or distribution of corrected directories.

    Rental Equipment (Television/Internet)


    Mornington makes available to customers set-top boxes for television services and modems for internet services. These items, unless otherwise specified, are rental units, owned by Mornington Communications Co-Operative Limited.

  26. Unauthorized Tampering. Any unauthorized attachment to MCCL’s cable or equipment or tampering with MCCL’s equipment or unauthorized use of MCCL’s signal is a breach of this Agreement entitling MCCL to immediately terminate this Agreement.
  27. Fee Increases. MCCL reserves the right to increase equipment rental fees upon notice to the customer.
  28. Access. MCCL is permitted access to all MCCL owned equipment located on the customer’s property used in connection with the services. The customer agrees with MCCL that if the customer does not own the property where services are provided, the customer has consent of the owner to provide access.
  29. Ownership of Equipment. The rental equipment is the property of MCCL, and the customer shall have no right to the rental equipment except as set forth in this Agreement. Upon default, expiration or early termination of this Agreement for any reason, the customer shall immediately return the rental equipment to MCCL in good repair, condition and working order, ordinary wear and tear resulting from proper use excepted.
  30. Loss/Damage. The customer assumes the risk of loss and damage to the equipment except for reasonable wear and tear. No damage or loss to the equipment or any part thereof shall affect any obligation of the customer under this Agreement, which shall continue in full force and effect.
  31. Sole Use. The customer agrees that MCCL has rented the equipment solely for television and/or internet use and the customer shall not use the equipment for any other purpose. If the customer uses the equipment for any other purpose, MCCL may, at its option, immediately terminate this Agreement.
  32. Termination. In the event the customer breaches this Agreement, MCCL shall have the option without notice to the customer, to terminate this Agreement and to take possession of the equipment.
  33. Equipment Return. If the customer fails to return the rental equipment, MCCL shall on 15 days’ notice have the right to exercise any one or more of the following:
    1. The customer agrees to pay to MCCL full replacement value at current market rates plus applicable taxes of any equipment not returned to MCCL upon disconnection, together with any costs incurred by MCCL in obtaining or attempting to obtain possession of the equipment or payment of such amounts.
    2. To declare the entire amount of rent payable herein immediately due and payable to MCCL; and To sue for and recover all amounts owing with respect to said equipment.
  34. Batteries. The customer is responsible for the replacement of expired batteries in any remote control devices provide with rental equipment
  35. Software/Hardware Requirements. The customer acknowledges and agrees that customer owned equipment and related software may have to meet certain minimum specifications and be maintained in a specific way and in a specific location to maximize access to the services. MCCL may change such requirements at any time at MCCL’s sole discretion. The customer agrees to be solely responsible for updating or maintaining their equipment and software to meet such requirements. The customer acknowledges and agrees the customer may not be entitled to support from MCCL if the customer fails to do so.
  36. Lost/Stolen. The customer must immediately notify MCCL if Mornington’s rental equipment is lost, stolen or destroyed.
  37. Network Integrity. The customer agrees that when using internet services, including wireless equipment, third parties may gain access to the customer’s system and accounts. The customer agrees to assume all risk in connection therewith and that MCCL shall not be liable for any claims or damages that may result.
  38. Caution. Electronic equipment requires appropriate space for ventilation, and should not be covered. Please see owner’s manual for details. Equipment should not be placed directly on top of furniture as rubber feet may cause damage to surfaces. MCCL is not responsible for such damage.

    Electronic Mail


  39. Email Spam. The customer covenants and agrees that at all times while using the Services they will comply with the requirements of Canada’s Anti-Spam Legislation (“CASL”), including all related regulations, and customer further agrees to indemnify and save harmless MCCL from and against any liability, costs or expenses that MCCL incurs as a result of a breach or alleged breach of CASL by customer.
  40. Unsolicited Use. The Services may not be used to collect responses from unsolicited email sent from accounts on other Internet hosts or email services which violates this Policy or the acceptable use policy of any other Internet service provider. Moreover, unsolicited email may not direct the recipient to any web site or other resource that uses the Services. Forging, altering or removing electronic mail headers is prohibited.
  41. Name Rights. You may not reference the Mornington network (e.g. by including "Organization: Mornington" in the header or by listing an IP address used within the Mornington network) in any unsolicited email even if that email is not sent through the Mornington network.
  42. Mail Bombing. "Mail bombing" is prohibited. That is, you may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is similarly prohibited, whether or not the recipient wishes to receive such mailings.
  43. Email Inactivity. At Mornington’s discretion, any Email in a customer's Trash or Spam folder will be removed after 7 days. Unread emails are deleted after 60 days. If a customer does not log in to his/her @cyg.net Email account for a 60 day period, the Email account will be deemed 'inactive'. 'Inactive' accounts will have all emails removed and the account will no longer be able to send or receive Email. An 'inactive' customer's e-mail address will not be retained.
  44. Indemnity. The Mornington network is not responsible for the forwarding of email sent to any account that has been suspended or terminated. Such email will be returned to sender, ignored, deleted, or stored temporarily at the Mornington network's sole discretion.
  45. Email Space. Space for each customer’s email is limited to 5 GB. (Gigabyte)
  46. Legislation. In the event any of the provisions of the Terms of Service are determined to be inconsistent with or contrary to any applicable federal, provincial or local laws, court orders, agency orders, rules, or regulations, the latter shall control and any inconsistent terms or condition of this Terms of Service shall terminate.

[1] formally known as “the Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act” (Canada).

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