The Customer may only use CM Services for lawful purposes. The use of the CM network or systems in violation of any Canadian or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening, offensive, or obscene, and third party material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law.
CM will fully co-operate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
The Customer will indemnify and hold CM harmless from any claim brought by third parties alleging that use of CM services by the Customer has infringed any applicable Canadian or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and final judgement awarded against CM arising from such claims. The Customer shall immediately give CM written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, CM may defend such claims at the Customer's sole cost.
CM will cooperate with other online and Internet service providers to discourage and resist abuses of acceptable use policies. CM reserves the right to take corrective action upon notification to CM of unacceptable use by the Customer on other networks. CM reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the Terms and Conditions.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
Customers are forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). Customers caught spamming on the CM network, or who persist in the mass distribution of unsolicited e-mail messages, will be dealt with immediately in accordance with this policy.
The CM services may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees, through its own operations, not to cause disturbances, outages or other problems which may affect CM's network or network based equipment, or which may adversely affect CM's ability to provide services.
1. RESTRICTION ON HOSTING AND NETWORK SERVICES
Prohibited are sites that promote any illegal activity or present content that may be damaging to CRONOMAGIC servers, router, network equipment, or any other server or network equipment on the Internet. Links to such materials are also prohibited. Examples of unacceptable content, activities, or links:
- Participating and or organizing a (D)DoS attack
- Unauthorized port scanning
- Spoofing IP addresses
- Cryptocurrency mining
- Controlling a botnet
- Pirated software
- Hacking Software
- Child pornographic
- Email spamming
- Warez site
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND CANCELLATION FEE WILL APPLY. ADDITIONALLY, DEPENDING ON THE JURISDICTION CRONOMAGIC MAY NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
1.1 Network testing
Any kind of network stress testing is strictly prohibited. If you are found to be a source of any cyber attack or unsolicited stress testing your account will be closed and your services to be immediately canceled.
1.2 Server abuse
Any attempt to undermine or cause harm to a server or customer of CRONOMAGIC is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be canceled without the chance of refund.
1.3: Refusal of Service
We reserve the right to refuse, cancel, or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of CRONOMAGIC must adhere to the above policies, except system resources in respect to dedicated servers.
2. Fees and Payments
- Customers are required to purchase services on a monthly, quarterly, half yearly, or yearly basis. Each month is considered as 30 days of length. Anyone paying in February will get the same amount of days of premium membership as the person who is paying in a month with 31 days. Similarly, 3 months of service are considered as 90 days and one year as 360 days.
- In order to purchase services, the user can use different methods as posted on our website. Payments via money order, cheque, or bank wire must be claimed within 30 days.
- Depending on the method of payment, it may take from 4 hours to several days before the service is activated.
- THE PURCHASE OF SERVICES IS NON-REFUNDABLE. All fees are non-refundable. If somehow you decide not to use the service after buying it, your money will NOT be refunded. However, we do offer a full or partial refund of any auto-renew transaction if a request is received within 72 hours (3 days). Please note, domain registration or domain registration auto-renewal are non-refundable. Please see the refund section for further details.
- If a service is purchased by credit card, the account may be renewed automatically upon expiry depending on the service. The renewal will have a 10% discount off the original amount paid for the service. Any customer who does not wish to renew the services automatically upon expiry must specify so via email.
- If we find that any customer has used a stolen or fraudulent credit card, the personal information of this customer will be forwarded to the law enforcement agencies of the resident country of the customer.
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Any no recurring service not described in the agreement and is additionally requested by the client after the agreement has been signed is charged extra on hourly rate, as per rate is described in your agreement, with minimum one hour charge per service, hourly rate is increased minimum 5% annually on the anniversary of your agreement.
3. Refunds
Unless restricted by a law We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation, domain registration once registered become non refundable for the period requested by the client.
NOTE: If you sign up for an account and fail to comply with terms of service, no refunds will be given. We will, however, advise you by e-mail or phone before taking any action to provide you with an opportunity to correct the problem.
4. Taxes, Government Fees and Restrictions
CRONOMAGIC operates in US and Canada and have offices in both countries and adhere to FCC and CRTC regulations, depending on your jurisdiction certain Federal, State/ Provincial taxes are charged to your invoice based on your territory.
If you are a Canadian and/or Quebec resident, at the time of the payment for the services will show you the price including taxes (GST/HST and/or QST), your payment confirmation sent via email and to your inbox will clearly state GST and/or QST inclusion.
CM reserves the right, at its discretion and without notice, to automatically filter, disconnect and/or deny access to any CM Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider, and channeling such activities through a CM account, remailer, or otherwise through a CM service, or using a CM account as a maildrop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities, if such use of another party's service could reasonably be expected to adversely affect a CM service. CM reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Nothing contained in this policy shall be construed to limit CM's actions or remedies in any way with respect to any of the foregoing activities, and CM reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation, taking action to recover the costs and expenses of identifying offenders and removing them from the CM service, and levying cancellation charges to cover CM's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, CM reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
CM is committed to providing quality service to all of its customers. While the Terms and Conditions may appear harsh, CM believes it is necessary to ensure that we are able to continue providing the level and quality of services our customers expect.
The Terms and Conditions is subject to change without any prior notice. If you have any questions regarding the policy, please contact info@cronomagic.com To report a suspected breach of the CM Terms and Conditions, please contact abuse@cronomagic.com.
5. Payment and Collection.
(a) Payment(s). Your subscription to the Service(s) authorizes us to collect from your payment method. This authorization will remain valid until thirty (30) days after we receive written notice from you terminating our authority to charge your payment method, whereupon we will charge you any outstanding charges if applicable and disconnect your Service(s). We may disconnect your Service(s) at any time in our sole and absolute discretion if any charge to your payment method is declined / reversed, or your payment method expires and you have not provided us with a valid replacement payment method or in case of any other non-payment of account charges.(b) Collection. If your Service(s) is disconnected, you will remain fully liable to CRONOMAGIC for all charges pursuant to this Agreement and any, and all costs we incur to collect such amounts, including, without limitation, collection costs and legal fees and expenses.
(c) Charge Back Fees, in case of Credit card charge back, NSF Check return and direct deposit payment recall without prior approval of CRONOMAGIC there is a fee of $25 which will be added to next invoice. We strongly recommend to if you do not wish your card to be charged on the payment date, contact us and have you payment paused for few days instead of getting charged for such issues.
6. Discontinuation of Service(s).
We reserve the right to suspend or discontinue the Service(s) generally, or to disconnect your Service(s), at any time in our sole and absolute discretion. If we discontinue the Service(s) generally, or disconnect your Service(s) without a stated reason, you will only be responsible for charges accrued through the date of disconnection, including a pro-rated portion of the final Service(s) Term charges. If your Service(s) is disconnected on account of your breach of any provision of this Agreement, you will be responsible for all charges through the end of the current Service(s) Term, including unbilled charges, all of which will immediately be due and payable.CRONOMAGIC will pursue collection for unpaid amounts on disconnected accounts and may report to and exchange credit and personal information with any credit/consumer reporting agency and financial institution relating to this Agreement.
7. Voice over IP telephone services.
7.1: Limitations and Conditions.- All residential VOIP plans with wording "Unlimited local calling" have a maximum virtual limit of 3500 minutes of local usage per month. Users will be notified in the case where a user is close to this limit.
- All residential plans with wording "Unlimited Canada" have a maximum virtual limit of 3500 minutes of local calling and 3000 of Canadian long distance minutes per month. Users will be notified in the case where a user is close to this limit.
- All residential plans with wording "Unlimited Canada and US" have a maximum virtual limit of 3500 minutes of local calling and 4500 minutes of US and Canadian long distance minutes per month. Users will be notified in the case where a user is close to this limit.
- Overusage in local calling area users are warned but not charged, constant over usage may be charged.
- Overusage in Canada and / or US is charged at the current long distance rate.
- Landline Long distance, if activated shall be charged based on standard landline Carrier rates, these rates are subject to change
- Off Net Areas (Areas not covered by Major Carriers in the country) are not covered in Unlimited Canada and / or US Plans and will be charged based on the rate charged by independent carriers in that area. You can check the list of those areas from Long distance rate section of the website.
7.2: Residential Use of Service(s) and Device.
If you subscribe to Cronomagic's residential Service(s), the Service(s) and the Device(s) are provided to you solely for residential use. You shall not resell or transfer the Service(s) or the Device(s) to another party without our prior written consent. You are prohibited from using the Service(s) or the Device(s) for auto-dialing, continuous or extensive call forwarding, telemarketing (including charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service(s) if we determine, in our sole and absolute discretion, that your use of the Service(s) or the Device(s) is, or at any time was, inconsistent with normal residential usage patterns. In addition, you will be required to pay our higher rates for commercial Service(s) for all periods in which your use of the Service(s) or the Device(s) was inconsistent with normal residential use.
If you subscribe to Cronomagic's Business Bundle, the Service(s) and Device(s) are provided to you as a small business user or business traveler. You shall not resell or transfer the Service(s) or the Device(s) to another party without our prior written consent. You are prohibited from using the Service(s) or the Device(s) for auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting. We reserve the right to immediately disconnect or modify your Service(s) if we determine, in our sole and absolute discretion, that your use of the Service(s) or the Device(s) is, or at any time was, inconsistent with normal small business or business travel usage patterns, that you have at any time used the Service(s) or the Device(s) for any of the activities mentioned above or similar activities.
You shall use the Service(s) and the Device only for lawful purposes. You shall not use the Service(s) or Device(s) in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. In addition, you shall not use the Service(s) or the Device(s) to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques or other automated devices or programs to catalogue, download, store or otherwise reproduce or distribute information from the Service(s) or use any such automated means to manipulate the Service(s); use the Service(s) to violate any law, rule or regulation; violate any third party's intellectual property or personal rights; or exceed your permitted access to the Service(s). Subject to applicable law, we may, but are under no obligation to, monitor usage of the Service(s) for violations of this Agreement. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service(s), or Cronomagic, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service(s) without notice, if, in our sole and absolute discretion, we determine that you have used the Service(s) or the Device(s) for an unlawful purpose or in ways mentioned above. In the event of such disconnection you will be responsible for all fees and charges due under this Agreement, including those referred to in Section 2.1, plus a disconnection fee, if applicable, all of which will be immediately due and payable. If we believe that you have used the Service(s) or the Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, Cronomagic will provide customer and call detail information in response to lawful government requests, subpoenas, court orders and to protect its rights and property, and in response to law enforcement requests where the failure to disclose the information may lead to imminent harm to the customer or others. Furthermore, Cronomagic reserves all of its rights at law and equity to proceed against anyone who uses the Service(s) illegally or improperly.
If you use the Service(s) or the device in a way that is inconsistent with the normal use for your Service(s) or plan, you will be required, at Cronomagic's sole discretion, to pay the rates for the Service(s) or plan that would apply to the way you used the Service(s) or device, or terminate the plan. For example, if you subscribe to any of our residential plans, and you are notified that your usage is inconsistent with normal residential use, you may thereafter be required to pay our higher rates for commercial Service(s) for all periods in which your use of our Service(s) or the device was inconsistent with normal residential use. More than 3,500 minutes per line per month for unlimited residential calling and for unlimited small business calling will not be considered normal use. The creation or use of related multiple accounts or excessive residential lines to circumvent these levels shall also be considered inconsistent with normal use. Usage over these levels or other inconsistent use will result, in Cronomagic's sole discretion, in immediate mandatory transfer to another appropriate plan, suspension or termination of Service(s). You acknowledge that if your Service(s) is terminated under this provision, you are subject to all applicable termination charges.
Although we encourage you to use the Service(s) to place calls to foreign countries from within Canada and the United States, and to use the Service(s) as you travel, Cronomagic offers and supports Service(s) only in Canada, the United States and certain other countries. Cronomagic's Service(s) is designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is not within a Cronomagic Service(s) area, and/or your ISP or other broadband provider places restrictions on the usage of Cronomagic Service(s), Cronomagic does not represent or warrant that use of the Service(s) by you is permitted by any other jurisdictions or by any ISP or broadband provider. You will be solely responsible for any violations of local laws and regulations resulting from such use. We reserve the right to disconnect your Service(s) immediately if we determine, in our sole and absolute discretion, that you have used the Service(s) or the Device in violation of laws of jurisdictions outside of Cronomagic Service(s) areas.
(a) Single line Accounts. You may be able to take, or "port," your current number to another Service provider. To prevent phone number hijacking, you must notify Cronomagic that you agree to port your number to a different provider, otherwise, the port out request will be rejected. You may ask your new Service provider to port in your number from us after notifying us, and once we receive your request from the new Service provider, we will terminate our Service(s) for that number shortly after notification to Cronomagic by the relevant carrier(s) of the successful completion of the port. Once your Service(s) is terminated and the port is completed, you will remain responsible for all charges and fees through the end of that billing cycle, including any cancellation fees. If a port is unsuccessful for any reason, your Service(s) and your agreement with us will not terminate, you will remain a Cronomagic customer, and you will continue to be responsible for all charges and fees associated with your Cronomagic Service(s).
(b) Multiple-line Accounts. If you request your new Service provider to port a number from us and you have multiple numbers assigned to your account and/or Service(s) Distinctions. The Service(s) is not a traditional telecommunications Service(s) and we provide it on a best efforts basis. Things beyond our control may affect the Service(s), such as power outages, fluctuations in the Internet, your underlying ISP or broadband Service(s). Other things may affect Service(s), such as maintenance. Cronomagic will act in good faith with a view to minimizing disruptions to your use of and access to Service(s). Important distinctions exist between a traditional telecommunications Service(s) and our Service(s), and our Service(s) is subject to different regulatory treatment than a traditional telecommunications Service(s). This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
The Service(s) does not support 0+ or operator assisted calling (including, without limitation, collect calls, third party billing calls, 900 or calling card calls). The Service(s) may not support 311, 511 and/or other x11 (other than certain specified dialing such as 911 and 411, which are provided for elsewhere in this Agreement) Service(s) in one or more (or all) Service(s) areas.
The phone numbers you obtain from us will not be listed in any telephone directories. Phone numbers transferred from your local phone company may, however, be listed. As a result, someone with your phone number may not be able to utilize a reverse directory to look up your address.
You have no property right in any phone number assigned to or used by you. We shall be entitled to change any such number where we determine, in our sole discretion, that such a change is necessary. We shall give you reasonable advance written notice of such a change, except in cases of emergency, where verbal notice shall be given.
(a) Home Security Systems. The Service(s) may not be compatible with home security systems. You may be required to maintain a telephone connection through your local exchange carrier in order to use any alarm monitoring functions for any security system installed in your home or business. You are responsible for contacting the alarm monitoring company to test the compatibility of any security system with the Service(s).
(b) Certain Broadband, Cable Modem and Other Service(s). You acknowledge there may be other Service(s) with which the Service(s) may be determined to be incompatible. You further acknowledge that some providers of broadband Service(s) may provide modems that prevent the transmission of communications using the Service(s). We do not warrant that the Service(s) will be compatible with all broadband Service(s) and expressly disclaim any express or implied warranties or conditions regarding the compatibility of the Service(s) with any particular broadband Service(s).
(c) All Voice mail messages are stored on our VOIP servers and are deleted after 90 days. The end user has the option to download and save the voice mail messages permanently on a local device
8. EMERGENCY SERVICES - 911 DIALING
Reactivation can only take effect once the balance is cleared on the account. The reactivation may vary from 5 min to up to 1 business day depending on the type of services and the number of services on the account. Please take into consideration provincial and federal holidays in your jurisdiction and that of our partners. Reactivation fee of $25 may apply and the charges are applicable automatically on your next invoice.
Please be advised CRONOMAGIC reserves the right not to provide credits on the days your services are suspended due to non-payment as we attempt to contact the subscriber through the means provided to us initially on the account, also, billing due date reminders are sent out on several occasions.
Reactivation after disconnection of services
Once your account is disconnected or suspended, a reactivation fee equal to one month of service will be required to reactivate the service. These fees are due immediately and reactivation will be subject to a technician’s availability. This may take 7 to 10 business days and may be longer in high seasons. For more details contact our customer service department.
9. PRIVACY
To the extent that personal information is provided in connection with this Agreement, the customer confirms that he or she consents, and that all other necessary consents have been obtained, to the use, collection and disclosure by CRONOMAGIC, assignees of CRONOMAGIC, and their respective affiliates, agents and contractors for the following purposes:
(i) providing products and Service(s) to the customer,
(ii) contract management and administration,
(iii) establishing a customer relationship and communicating with customers,
(iv) developing, implementing and managing products and Service(s) for customers,
(v) assisting in law enforcement purposes and collecting unpaid debts,
(vi) protecting, managing and promoting their business interests and activities;
(vii) providing information to the customer on other products and Service(s) which may be available; and
(viii) otherwise as required or permitted by law or this Agreement.
The customer may withdraw his or her consent in respect of clause (vii) above, without affecting his or her other arrangements with CRONOMAGIC, by notifying CRONOMAGIC's Privacy Officer in writing at support@cronomagic.com. For the purposes of this Section 7.2, "personal information" does not include the name, address and telephone number of a subscriber that appears in a publicly available telephone directory.
Know your rights.
10. IPTV Service
10.1: What is IPTV Service of Cronomagic
Cronomagic now offers IPTV Service on its Closed Network to any client who has direct or indirect internet service from us. IPTV service gives the ability to receive live and in some cases recorded channels and programming at your premises, as delivered per distribution authorization from CRTC and licenses held by Cronomagic. Subscriber understands and acknowledges that Cronomagic TV Services must include the minimum levels of programming required by CRTC and these requirements may change from time to time without notice. Cronomagic will always provide HD signal to all its subscribers unless the service for certain channel or content is only available in SD signal from source. Cronomagic receives most of its signal via Fiber Network from reliable sources, in case where the signal is not available from source Cronomagic at its discretion will provide an alternate signal.
10.2: What kind of equipment I would require to use the service.
Client can use its own device(s) and register the device with Cronomagic service or rent or buy a device from Cronomagic, list of devices is updated regularly in TV section of the website.
10.3: Free Trial Period for TV Service
Cronomagic offers first 5 days of TV service at no cost to client, billing will automatically starts after initial 5 days, in case you wish not to continue the service, you must return all rental equipment back to Cronomagic within 15 days of cancellation of TV service. From time to time and plan to plan Cronomagic will offer free month of service to new and existing clients, for existing client the free month service would only applies to new services added to existing TV plans.
11. IPV4 Rentals
11.1: Lease Agreement
The lease agreement entitles you to use the leased IP addresses on your existing internet connection, be it DSL, Cable, or Fiber. The lease term commences from the date of agreement and continues until terminated by either party. Please note that Cronomagic is not responsible for your internet service and its quality.
11.2: Lease Costs
The cost for leasing an IP will be based on the terms agreed upon in the individual lease agreement. By agreeing to these terms, you accept the responsibility of paying your lease fees on time as specified in your lease agreement.
11.3: Hardware
The lease includes the necessary hardware required for the setup. However, if you have your own equipment, you may use it, provided it complies with Cronomagic's quality standards and compatibility requirements.
11.4: Usage
The leased IP addresses must be used in accordance with all applicable laws and regulations. Any misuse or illegal activities conducted using these IPs will result in immediate termination of the lease agreement and may attract legal penalties.
11.5: Termination
If you wish to terminate the lease agreement, you must provide Cronomagic with a written notice 30 days in advance. Failure to provide this notice may result in additional charges as specified in your individual lease agreement.