Terms of Use

Last update: April 27, 2024

 This Terms of Use Page consists of two parts:

(i) Terms for use of ETRdotTV ThunderWAN Broadband Internet Access Services
(ii) General Terms for use of this website and your purchase of products and services via this website

(i) Terms For Use of ETRdotTV ThunderWAN Broadband Internet Access Services, which includes all related network services provided by ETRdotTV unless specifically excepted herein.

Terms and Conditions for ETRdotTV ThunderWAN Broadband Internet Access (“The Service “)
“You/you” and “Your/your” refers to the person who is named as the customer and account authority for the ETRdotTV ThunderWAN customer user account. 
“We/we” and “Us/us” and “Our/our” refers to any or all of: the provider of The Service, ETRdotTV, Magnacom Canada Ltd., Ronald Shaw, any persons assigned by the provider of The Service including employees or agents thereof. 
1) Use of The Service constitutes acceptance of these Terms and Conditions by you.  
2) These Terms and Conditions may change at any time and therefore each time use is made of The Service, you should review these Terms and Conditions here. As a courtesy, we will attempt to notify you any time there is a change to these Terms and Conditions, but we are not bound to undertake any such notice.
3) We will communicate your user account credentials (username, password) to you in a split communication, where the username is communicated via one communication method (typically email) and the password by another method (typically text message). We do this in an effort to enhance your security. Disclosure of your user account credentials (username, password) by you, is at your discretion, but you will continue to be responsible for any use by any persons, of your user account credentials. If you suspect that your user account credentials have been compromised, you must notify us as soon as possible. 
4) You agree that The Service is provided on an as is, where is basis and no warranty is made that The Service will be usable at any time. If The Service is not acceptable to you, and we are unable to cause The Service to be acceptable to you, you may request a refund of any fees for unused service that you have paid for in advance, and we will not unreasonably withhold such refund. 
5) In the event that you have any complaints about any aspect of The Service, you agree that you will first initiate communication with us so that we may resolve your complaint to your satisfaction. If we fail to make such resolution to your satisfaction, you agree that you will not post malicious or untrue comments about The Service on any social media site or public forum. The foregoing is not intended to limit your free use and enjoyment of social media or public forums, but only to require you to base any such posts concerning The Service on fact and truth only. 
6) You release ETRdotTV, Magnacom Canada Ltd., Ronald Shaw, Toronto Island Marina, Island Yacht Club, and their respective employees, contractors, and affiliated parties including individual owners and corporations and directors thereof, from any and all liability, to the fullest extent of applicable law, for any damages to you or others, or inability of The Service to meet any expectation of effective use, or for compensatory relief of any kind other than refund of fees paid by you.
7) You must not perform any activity while using The Service that is contrary to any law or regulation, or constitutes infringement of anyone’s rights and privileges including but not limited to copyright, invasion of privacy, nuisance communications, network disruption, or generally bad behaviour. You agree that you will make reasonable efforts to ensure that any device that you connect to The Service is free from contamination by any computer virus or malware, and that you maintain any such connected device in accordance with their hardware and software manufacturer’s recommendations with respect to software and firmware updates. You understand that we may use diagnostic tools that could identify a device as belonging to you and that if that device is a source of harm to The Service, we may require that such device be disconnected from The Service immediately and we may terminate your user account at our sole discretion.
8) You agree that all equipment that is rented or loaned to you by us is our property and must be returned upon request. You must not access any portions of our equipment that you are not entitled to access as defined by us, and you must not move any of this equipment from its installed location without our permission. You agree that we can access this equipment that may be on your premises, provided that we give you reasonable notice. 
9) You agree that you will not attempt to bypass any hardware or software controls associated with The Service and that you will not overload The Service via the nature of your use, or attempt to interfere with any other person’s legitimate use of The Service. 
10) You agree that we may use your contact information to communicate with you for service related information or for marketing purposes. We will not share your contact information with any third party without your permission unless we are required to do so by a public authority. 
11) The Service is meant for personal and business use only and you agree that you will not resell The Service to any other person or organization. 
12) At any time, we may require that you notify us of your intention to connect any specific device or device type to The Service. This is of particular relevance to the use of “sub networks” of The Service such as what is currently known as ETRdotTV Dedicated. These “sub-networks” are intended for devices that are unable to connect to The Service in the standard way, due to limitations in the design of such devices. These devices may include, but are not limited to, “Smart Tvs”, Media Players (eg. Roku brand), Game Consoles or other devices. Failure by you to notify us of your intention to connect a device to one of our “sub networks” such as ETRdotTV Dedicated, may result in us blocking that device from accessing The Service.
14) The Service may be offered to you as part of various “Subscription Plans” that have specific limits on use of The Service with respect to usage periods and device utilization and device quantities. You agree that you will not exceed the limits so designated in any such  “Subscription Plan” that is adopted by you. Any “Subscription Plan” may also have discretionary extra cost options that may be selected by you if offered by us. Such option, if any, will also bind you to the limits noted as part of that option.
15) Any fees that are accrued to you for collection from you for use of The Service are due and payable by electronic payment to us, at the time they are applied. We reserve the right to not accept any particular payment type, and we reserve the right to apply reasonable late payment fees on unpaid fees owed by you to us. 
16) You warrant that you are competent to use The Service and that you understand these Terms and Conditions and that in the event you are party to any litigation concerning The Service, you and us will be bound by the laws of the Province of Ontario.
For more information please contact ron.shaw@magnacom.ca 

(ii) General Terms For Use of this Website and Your Purchase of Products and Services via this Website

Copyright © 2010-2023 ETRdotTV and Magnacom Canada Ltd. (“Magnacom”)
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Magnacom.
Copyright license
 Magnacom grants to you a worldwide non-exclusive royalty-free revocable license to:
-view this website and the material on this website on a computer or mobile device via a web browser;
-copy and store this website and the material on this website in your web browser cache memory; and
-print pages from this website for your own [personal and non-commercial] use.
Magnacom does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Magnacom’s prior written permission.  
Data mining
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to ron.shaw@magnacom.ca .
Enforcement of copyright
Magnacom takes the protection of its copyright very seriously.
If Magnacom discovers that you have used its copyright materials in contravention of the license above, Magnacom may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Magnacom copyright materials that contravenes or may contravene the license above, please report this by email to ron.shaw@magnacom.ca
Infringing material
If you become aware of any material on this website that you believe infringes your or any other person’s copyright, please report this by email to ron.shaw@magnacom.ca
Your Purchase of Products or Services via this Website
Our goal at ETRdotTV and Magnacom is to have you enjoy your shopping experience on this Website and be completely satisfied with any purchase.
You agree that when you make a purchase on this Website you are using a legitimate payment method that you are authorized to use, such as a credit or debit card or digital wallet or other accepted method, and that you are not attempting to use any payment method that you are not authorized to use.
Magnacom and ETRdotTV  represents that all Products and Services are offered according to their descriptions on this Website. If for some reason you are not satisfied with your Purchase, you agree that you will notify us in writing by sending an email to ron.shaw@magnacom.ca within 48 hours of your purchase time, with an explanation for your dissatisfaction. Within a reasonable time after receipt of such email, Magnacom or ETRdotTV will, at its sole option, replace said Product or Service, issue a credit, issue a refund, or take no action whatsoever. You agree that each instance of your purchase of a Product or Service is unique and will be treated as such by us. To clarify, certain purchases that you make, such as Event Tickets, may be of a Final Sale condition. If in doubt of the meaning of this Policy please contact us by email at ron.shaw@magnacom.ca for further clarification.
Draw Prizes and Related Promotions
You agree that ETRdotTV and Magnacom may offer you a chance at winning prizes of products, services or other items of value. While each such offer may have specific rules attached, as specified in writing and published by us, but if no such specific rules are so enacted, the following will apply:
– You must be present at the draw time and location
– Any winnings must be accepted as is without substitution
– Odds of winning are determined by number of entrants
– Requirement to purchase anything as a condition of entry is accepted by you
This copyright notice
This copyright notice is based on a precedent created by website-contracts.co.uk and published by freenetlaw.com