Fido Account Maintenance Agreement
IMPORTANT INFORMATION ABOUT YOUR SERVICE
This information is in addition to and forms part of our
Agreement(s) with you and must be read in conjunction with the
current Fido Terms and Conditions and Acceptable Use Policy
provided to you and posted on fido.ca/terms (and which replace
the Fido Terms and Conditions and Acceptable Use Policy
previously provided to you), any Fido brochure or online
material describing the plans, features, services and/or
products you have selected and the Get to Know Fido guide
currently in effect. Any new changes to your Agreement(s) are
set out herein. All other aspects of your Agreement(s) remain
the same. You acknowledge that any Services you have removed may
no longer be available.
1. Fee Descriptions
1.1. Where applicable, additional
airtime, data, long distance, roaming, pay-per-use charges and
taxes are extra and billed monthly. For more information on the
Services you have subscribed to, please refer to the Fido
brochure describing your plan or add-on, or visit fido.ca.
2. Categories of
Services/Service Agreements. For greater certainty, the
Services referenced herein are categorized as follows:
2.1. Term Services. Term Services
means any Services that you subscribe to for a Commitment Period
as identified above with a corresponding Fido Agreement Term or
Data Term. Every Term Service that you subscribe to constitutes
a separate Agreement with us. We will not increase the monthly
service fee or local per-minute airtime rate for, or decrease
the amount of minutes or data included with, a Term Service
during its Commitment Period.
2.2. Month-to-Month Services. Month-to-Month
Services means any Services that you subscribe to on an ongoing
basis, but not with a Commitment Period. Month-to-Month Services
are identified above without a corresponding Fido Agreement Term
or Data Term, and every Month-to-Month Service that you
subscribe to constitutes a separate Agreement with us. For more
information on Month-to-Month Services, including rates for such
optional services, please refer to the current Fido brochures or
visit fido.ca. We may change Month-to-Month Services in
accordance with the Fido Terms and Conditions.
2.3. Pay-Per-Use Services. Pay-Per-Use
Services means any Services that you receive from Fido on a
per-usage basis (which may be a one-time usage, or usage for a
set period of time, such as one day or one week), but not on an
ongoing basis. Pay-Per-Use Services available to you include the
following. For more information on Pay-Per-Use Services,
including rates, please refer to the current Fido brochures or
visit fido.ca. We may change Pay-Per-Use Services in accordance
with the Fido Terms and Conditions.
2.3.1. Roaming. Please
note that substantial roaming charges may be incurred if your
device is taken outside the Fido network even if no services
are intentionally used. Whenever you travel outside the Fido
network, your usage is routed through the wireless network of
another carrier. Usage outside the Fido network will result in
roaming charges. Such usage includes (but is not limited to):
calling; text, picture and video messaging; and data usage
(including, but not limited to, apps usage, email, instant
messaging, BlackBerry Messenger, visual voicemail and web
browsing). Visit fido.ca/roaming for roaming pay-per-use rates,
options and destinations.
2.3.2. Text, Picture and Video
Messaging Pay-Per-Use Service. Text, Picture and Video
messaging service will be enabled on compatible devices. A
pay-per-use fee will apply for each message sent (not applicable
if you subscribe to an add-on, bundle, pack or plan that
includes the relevant messaging). Text messages received from a
wireless phone are included. Sent/received premium messages
(alerts, messages related to content and promotions) are charged
at applicable rates. Roaming charges apply while roaming.
2.3.3. Pay-Per-Use Data. Data service
will be enabled on compatible devices. A daily usage fee will
apply (not applicable if you subscribe to a data plan or
add-on). Roaming charges apply while roaming.
2.3.4. Video Calling Pay-Per-Use
Service. Video Calling service will be enabled on compatible
devices. A pay-per-use fee will apply for each minute of Video
Calling placed and received. Airtime and long distance charges
are not included. Roaming charges apply while roaming.
2.3.5. Call Waiting. Airtime charges
apply as per your price plan (plus long distance or roaming, if
applicable).
2.3.6. Call Forwarding. Call
Forwarding can be added to your plan (if not already included).
Call Forwarding allows your call to be forwarded to another
number and includes 2,500 local Call
Forwarding minutes per month. Additional Call Forwarding minutes
are charged at the rate described in your price plan or add-on
(plus long distance or roaming, if applicable).
2.3.7. Voicemail. Airtime charges, or
data charges for visual voicemail, apply as per your price plan
(plus long distance or roaming, if applicable).
2.3.8. 411 Directory Assistance. A
service fee and airtime charges apply (plus long distance or
roaming, if applicable), even if the number you have requested
is unlisted.
3. Termination and Amendment
3.1. General You may terminate your
Service at any time (in accordance with the Fido Terms and
Conditions), including at the expiry of any Commitment Period,
or make changes to your Service, by contacting us at
1-888-481-3436. If you upgrade your device or change a Term
Service, you may be required to renew your Commitment Period
and/or enter into a new Agreement with us for a new Commitment
Period.
3.2. Automatic Extension At the end of
your Commitment Period, your plan will automatically default to
a month-to-month term. Fido may contact you at any time to
propose a renewal of your plan. If you do not wish to renew your
plan when contacted, you will retain your existing plan and your
existing agreement with us, unchanged, until those are changed
or terminated in accordance with the terms of the Agreement
governing that plan.
3.3. Device Savings Recovery Fee
(applicable to Term Services only for any new term entered into
on or after January 22, 2012). A Device Savings Recovery Fee
(DSRF) applies if you were given an economic inducement when you
agreed to your new term, and if, for any reason, your service or
your new term is terminated prior to the end of the term of your
Agreement (Fido Agreement Term). The DSRF is equal to the
economic inducement multiplied by the number of months remaining
in your Fido Agreement Term divided by the total number of
months of your Fido Agreement Term (plus applicable taxes). In
other words, DSRF = Economic
Inducement x # months left in your Fido Agreement Term ÷ Total
# months in your Fido Agreement Term + applicable taxes.
An Additional Device Savings Recovery Fee (ADSRF) also applies
if, for any reason, your data option, or your data option’s
commitment term (Data Term), is terminated prior to the end of
your Data Term. The ADSRF is based on the additional economic
inducement you received for subscribing to your data option, is
calculated using the same formula used to calculate the DSRF
(but substituting Economic Inducement with Additional Economic
Inducement and Fido Agreement Term with Data Term), and applies
in addition to the DSRF for termination of your Agreement. If you subscribe to a plan combining both
voice and data services, both the DSRF and the ADSRF apply.
If you subscribed to Term Services on a new term prior to
January 22, 2012, then an Early Cancellation Fee and/or Data
Early Cancellation Fee will be calculated and charged as set out
in the service agreement you received upon entering that term.
3.4. Service Deactivation Fee
(applicable to Term Services only for any new term entered into
between January 22, 2012 and December 1, 2013). Not applicable
to Residents of Manitoba, Residents of Newfoundland for any new
term entered into on or after September 27, 2012, Residents of
Nova Scotia for any new term entered into on or after May 1,
2013, or Residents of Québec: A Service Deactivation Fee of $12.50 per line (plus applicable taxes)
applies if, for any reason, your service is deactivated prior to
the end of your Fido Agreement Term. This fee is in addition to
any applicable DSRF or DSRF and ADSRF.
3.5. Satisfaction Guarantee. Fido may
allow for the cancellation of your Service without any DSRF and
a refund of the cost of your phone with the following
conditions: (1) device is returned in complete and original
condition to Fido within 15 days from
date of purchase (if customer-owned device, this condition does
not apply) and (2) cancellation is requested within 15 days from date of activation and (3) your
account has incurred 30 minutes or less
of airtime usage. You will be billed for all charges incurred up
to the point of deactivation.
4. Device Information
4.1. New or Refurbished Devices. Your
device is new, unless otherwise indicated.
4.2. Device Locking.Your device is
locked and restricted to be used only on the Fido network, but
may also be used on the networks operated by any of the carriers
with which we have roaming agreements. If you attempt to unlock
your device it may become permanently unusable and may violate
the software licence agreement for your device. If you would
like to unlock your device, the Device Unlock Fee set out above
will apply. If you were given an economic inducement, we will
not unlock your device within the first 90
days of your Fido Agreement Term.
4.3. Warranty. Please see the
materials accompanying your device for warranty information and
details, including coverage, duration and how you may make a
claim under any applicable warranty.
4.4. Rebated Goods. Any device
provided to you for $0 is provided as
a rebated good and not a free good.
5. Security Deposit
5.1. Security Deposit Conditions. We
may require you to provide us with a security deposit or impose
other payment or credit requirements (e.g., interim payments;
mandatory pre-payments; pre-approved card or bank payments) at
any time and on such terms as determined in our sole discretion.
Any security deposit you provide to us will be kept for a
minimum of 12 months, unless your
Services are terminated sooner. After 12
months, we may release and apply the security deposit against
your account balance if we, in our sole discretion, determine
that your payment history has been satisfactory or that you have
otherwise met our financial criteria for the return of the
security deposit.
5.2. Interest on Security Deposit. You
will earn interest on any security deposit held by us, using the
Bank of Canada’s overnight rate in effect at the time, plus one
percent, on the basis of the actual number of days in a year,
accruing on a monthly basis. Interest is earned starting from
the date we collect a security deposit from you (but no earlier
than required under applicable legislation or regulation) until
the date we return it to you.
5.3. Use and Return of Security
Deposit. We may apply your entire security deposit toward your
account if payment of an amount due on your account is not
received by us by the required payment date specified by us and
we may require you to replenish the security deposit after such
use. We will notify you upon applying all or part of any
security deposit. We will return to you any security deposit
with applicable interest within 30 days of termination of your
Services or once we have determined that the conditions for
returning the security deposit have been met.
6. How Airtime and Long Distance
Calling Are Charged
6.1. Airtime Charges Local and long
distance airtime charges are rounded up to the next full minute.
A one-minute minimum charge applies to every completed call
(made or received). If you subscribed to a plan that was
initially activated prior to July 4, 2012, monthly airtime
charges will be billed by the second. The airtime for the entire
call is charged based on the applicable rate at the beginning of
the call. Airtime charges (plus long distance, if applicable)
apply to completed calls from the time you press SEND until you
press END. For international calls or while roaming, you may be
charged from the time you press SEND until you press END
regardless of whether the call is completed. Airtime charges
(plus long distance, if applicable) apply to every call you
answer on your wireless phone until you press END. Charges will
start at the moment the calling party initiates the call by
pressing SEND and includes the ring time.
6.2. Local and Long Distance Calling
Areas. Local calling areas are the areas in which you can make
or receive calls without incurring long distance charges. Calls
are defined as local or long distance based on local calling
areas. If you subscribe to a zone-based plan, calls made or
received outside the zone may incur additional fees. Your
location at the time of the call, your wireless phone number and
the phone number called are all important factors in determining
local calling areas and wireless long distance. Your Incoming
Local Calling Area is based on the geographical location
associated with your wireless number.  All
calls that you receive while you are outside your Incoming Local
Calling Area are long distance. Your Outgoing Local Calling Area
is determined by your physical location. If you dial a number
that is local to your physical location, then it is a local
call. If you dial a number that is long distance to your
physical location, then it is a long distance call. When using
Call Forwarding, long distance charges apply when the number to
which you forward the call is outside the geographical location
associated with your wireless number, regardless of your
physical location. Visit fido.ca/callingareas for more
information and fido.ca/longdistance for current long distance
rates.
7. Additional Documents and Resources
7.1. Related Documents. In addition to
your Agreement(s), your use of the Services is governed by the
following related documents, current copies of which can be
accessed at fido.ca:
- Fido Terms and
Conditions :Our Fido Terms and Conditions govern your use of
all of your Fido Services and explain some of our respective
legal rights and obligations. The Fido Terms and Conditions
include details on how we can make changes to your Services and
Agreement(s), how you will be charged for Services, how your
Services can be suspended or terminated, and legal details on
limitation of liability, warranties and indemnification.
- Acceptable Use Policy :
Our Acceptable Use Policy sets out the rules, policies and
limits you must abide by when using the Services. The
Acceptable Use Policy lists examples of prohibited activities
and unlawful or inappropriate content and gives us the right to
remove content and/or suspend or terminate your Services if you
violate the Acceptable Use Policy.
- Privacy Policy : Our
Privacy Policy sets out our policies in relation to the
collection, use and disclosure of your personal information.
Our Privacy Policy provides information on why we collect
customer information, how we use and share this information and
specifies how to contact us if you would like more information
on our personal information handling practices.
- Get to Know Fido Guide :
Our Get to Know Fido guide provides you with information on how
wireless voice and data services are charged, how roaming and
long distance is charged and how 9-1-1 emergency assistance
works.
7.2. Managing Your Bill For
information on tools to help you manage you bill, including
notifications on data usage and roaming, data caps and usage
monitoring tools, please visit fido.ca or log into your Fido
account to view details on your actual usage.
7.3. Service Coverage Area and Maps. For
information on our service coverage area, including our complete
service coverage maps, please visit fido.ca/coverage.
7.4. Wireless Code. For information on
the Canadian Radio-television and Telecommunications Commission
(CRTC)’s Wireless Code, please visit the CRTC website at
http://crtc.gc.ca/eng/info_sht/t13.htm.
Fido AMA (12/13)
Fido Terms and Conditions
The following terms and conditions of service (these “Terms”)
govern your use of the Services. Your service agreement (as may
be amended) any Fido brochure or online material describing the
plans, features, services or products you have subscribed to or
purchased, any applicable user guides that are currently in
effect, and any other materials incorporated by reference
(collectively, the “Materials”) together with these Terms
constitute our agreement with you (“Agreement”). You may have
more than one Agreement with us. If there is any inconsistency
between the Materials and these Terms, these Terms will prevail.
Throughout this document:
- Commitment Period means a committed
period of time, as indicated on an Agreement;
- Equipment means any device, equipment
or hardware used to access the Services (as defined below) or
used in conjunction with the Services, including any SIM
(Subscriber Identity Module) card;
- Month-to-Month Services means any
Services that you subscribe to on an ongoing basis, but not
with a Commitment Period (as defined below);
- Pay-Per-Use Services means any
Services that you receive from Fido on a per-usage basis (which
may be a one-time usage, or usage for a set period of time,
such as one day or one week), but not on an ongoing basis;
- Residents of Newfoundland means
residents of Newfoundland and Labrador who enter into an
Agreement to which the Consumer Protection and
Business Practices Act (Newfoundland and Labrador) applies;
- Residents of Québec means residents of
Québec who enter into an Agreement to which the Consumer
Protection Act (Québec) applies;
- Service or Services means the services
provided through Fido’s wireless network and other services
that you subscribe to or purchase under an Agreement or receive
from or through Fido;
- Term Services means any Services that
you subscribe to for a Commitment Period; and
- us, we, our and Fido means Fido
Solutions, operated by Rogers Communications Partnership.
Your account information may, from time to time, be
disclosed to Fido’s affiliates, including other members of the
Rogers Communications Inc. organization and to our agents and
dealers in order to service your account, respond to your
questions and telemarket (including by way of automatic dialing
and announcing devices) and promote additional products and
services offered by Fido and the other members of the Rogers
organization that may interest you. If you do not wish to
receive offers or information from or related to Fido and
related Rogers entities, please contact our Customer Service at
1-888-481-3436.
Unless otherwise specified in an Agreement, we may change, at
any time, but upon no less than 30 days’ prior
written notice to you: a) with respect to a Month-to-Month
Service, any charges, features, content, functionality,
structure or any other aspects of the Month-to-Month Service, as
well as any term or provision of the Agreement for that
Month-to-Month Service, and b) with respect to a Term Service,
any charges, features, content, functionality, structure or any
other aspects of the Term Service, as well as any term or
provision of the Agreement for that Term Service, other than a
Key Term (as defined below), unless the change benefits you. The
written notice will be provided to you by bill message, text
message, letter or e-mail and will explain the amendment and
when it will take effect. A "Key Term" means (i) the services
included in the Term Service and any limits on the use of those
services, (ii) the minimum monthly charge for the Term Service,
(iii) the Commitment Period of the Term Service, (iv) the Early
Cancellation Fee (as defined below) amount and calculation as
set out in the Agreement for that Term Service, and (v) the
Device Unlock Fee as set out in your Agreement for that Term
Service. Pay-Per-Use Services are subject to availability, and
the pricing and nature of any Pay-Per-Use Service may be changed
or terminated by Fido at any time without prior notice to you.
By entering into an Agreement, you:
- authorize Fido to obtain information about your credit
history and agree that Fido may provide information to others
about your credit experience with Fido;
- accept all provisions of the Agreement, including those
set forth in the Materials and these Terms;
- agree to cause all persons who use Services under your
account or with your authorization to comply with the
Agreement;
- acknowledge that the acts or omissions of all persons
who use Services under your account or with your authorization
will be treated for all purposes as your acts or omissions;
- acknowledge that you have received and had the
opportunity to review a copy of the Agreement, including the
Materials and these Terms;
- confirm that the information you have provided to us is
up-to-date and accurate; and
- agree to notify us of any change in your information.
Charges; Account and Payment Information
- Charges will commence on the date of the initial
activation of the Services or the Equipment, whichever is
earlier (the “Activation Date”).
- Unless otherwise agreed to by you and us, we will bill
you monthly. We may bill you, however, for a charge up to 6
months from the date the charge was incurred. You acknowledge
that you may be given an account number so that you will
receive one invoice for all your Fido accounts.
- You are liable for all charges to your account. Charges
to your account are due and payable in full from the date of
your invoice or statement. If you are paying by mail or through
a financial institution, please allow adequate time for your
payment to reach us prior to the required payment date.
- If payment of an amount due on your account is not received
by us by the required payment date specified by us, it will be
considered a delinquent amount and will be subject to a late
payment charge of 2% per month, calculated and
compounded monthly on the delinquent amount (26.82%
per year) from the date of the first invoice on which the
delinquent amount appears until the date we receive
such amount in full. You agree that we can charge any unpaid and
outstanding amount, including any late payment charges, on your
account to your credit card, bank account or any other payment
method pre-authorized by you for payment of our charges.
- Not applicable to Residents of Québec:
Administrative charges may be levied for administration or
account processing activities in connection with your account,
including, without limitation, as a result of the following:
- collection efforts due to non-payment or having a
balance over your credit limit, including unbilled usage and
pending charges, fees and adjustments;
- returned or rejected payments;
- change of any price plan;
- change of any identifier (e.g., phone number); and/or
- the restoral of Service.
A list of such charges is available on request, or at http://www.fido.ca/charges, and is
incorporated into these Terms by reference.
- Applicable only to Residents of
Québec: Administrative charges may be levied for
administration or account processing activities in connection
with your account, including as a result of the change of any
price plan or identifier (e.g., phone number). A list of such
charges is available on request, or at http://www.fido.ca/charges,
and is incorporated into these Terms by reference.
- When roaming off Fido’s facilities or networks, you
will be responsible for all applicable Fido charges and will be
subject to the limitations or conditions of service of the
service provider of such roaming services.
- Any questions or discrepancies regarding charges must
be reported to us within 90 days of the date
of our invoice or other statement. Failure to notify us within
this time period will constitute your acceptance of such
charges.
- Unless otherwise set out in the Materials, if you agree
to subscribe to any Term Services, you may be subject to an
early cancellation fee, as described in an Agreement (“Early
Cancellation Fee”), for the early cancellation of your Term
Service prior to the end of the applicable Commitment Period.
Any decrease in your Commitment Period may be subject to a fee.
If your Term Service is terminated prior to
the end of the Commitment Period, you will pay us an Early
Cancellation Fee as specified in your Agreement for that Term
Service, plus taxes.
- If you are receiving any benefit as a result of your
relationship with a third party (e.g., your employer), we may
verify such relationship. If you become ineligible to receive
such benefit for any reason (e.g., your employment is
terminated or your employer becomes ineligible to receive the
benefit), we reserve the right to transfer your Service to an
alternate Service plan, as determined by us in our sole
discretion.
- Changes to your account (e.g., monthly airtime plan,
options or identifiers) may not take effect until after your
next billing date.
Credit Requirements
- Upon notice to you, we may assign, change or remove a
credit limit on your account at any time. Service may be
suspended, at any time, to any and all of your accounts, if
your balance, including unbilled usage and pending charges,
fees and adjustments, exceeds this limit. Recurring service
charges continue to apply during any suspension of Services.
Identifiers
- You do not own any identifier (e.g., telephone, account
or PIN number; e-mail, IP or Web page address; access code,
etc.) assigned to you, and we may change or remove any
identifier at any time upon notice to you.
Policies and Acceptable Use
- From time to time, we may establish policies, rules and
limits (together, the “Policies”) concerning use of the
Services, Equipment and any products, content, applications or
services used in conjunction with the Services or Equipment.
Your use of the Services is subject to these Policies, which
are incorporated into these Terms by reference. We will provide
you with notice of the Policies and of changes to the Policies.
Our Acceptable Use Policy accompanies these Terms. It is also
available at www.fido.ca/terms. In
addition, when using certain other services, you may be subject
to additional terms (which may be posted from time to time)
applicable to such services and which may be incorporated by
reference into an Agreement.
- You may not use the Services for anything other than
your own personal use. You may not resell the Services, receive
any charge or benefit for the use of the Services or provide
Internet access or any other feature of the Services to any
third party. You may not share or transfer your Services
without our express consent.
Your Content
- You grant us the following world-wide, royalty-free and
non-exclusive licences with respect to content you make
available for inclusion on publicly accessible areas of the
Services, as applicable:
- With respect to photos, graphics, audio and
audiovisual content: the licence to use, distribute,
reproduce, modify, compress, adapt, publicly perform,
publicly display and communicate by telecommunication the
content on the Services solely for the purpose for which it
was made available. This licence exists only for as long as
you elect to continue to include the content on the Services
and terminates when you or we remove such content from the
Services.
- With respect to all other content (other than photos,
graphics, audio and audiovisual content): the perpetual,
irrevocable and fully sublicensable licence to use,
distribute, reproduce, modify, compress, adapt, publish,
translate, communicate by telecommunication, publicly perform
and publicly display, and to incorporate it into other works
in any format or medium now known or later developed.
“Publicly accessible” areas of the Services
are those areas of the Services that are intended by us to be
available to the general public, e.g., online message boards
that are open to both registered members and visitors.
Publicly accessible areas of the Services do not include
those portions of the Services that are only accessible by
registered members or intended for private communication,
e.g. e-mail and instant messenger.
- We have the right, but not the obligation, to monitor
or investigate any content that is transmitted using the
Services (other than voice Services) or the Equipment. We may
also access or preserve content or information to comply with
legal process in Canada or foreign jurisdictions, operate the
Services, ensure compliance with an Agreement or any Policies,
or protect ourselves, our customers or the public. We may move,
remove or refuse to post any content, information or materials,
in whole or in part, that we decide are unacceptable,
undesirable or in violation of an Agreement.
Equipment
- You must immediately notify us, at any of the points of
contact specified in these Terms, if your Equipment is lost,
stolen or destroyed. You are responsible for the cost of
replacing your Equipment. If you then wish to terminate your
Term Services, your obligations under the Agreement for those
Term Services, including any Early Cancellation Fee, will
apply.
- Equipment and related software may have to meet certain
minimum requirements and be maintained in certain ways and in
certain locations in order to access the Services or for the
proper operation of the Services (e.g., 9-1-1 services). Such
requirements may be changed from time to time at our sole
discretion. Unless otherwise specified by us, you are solely
responsible for updating or maintaining your Equipment and
software as necessary to meet such requirements, and you may
not be entitled to customer support from us if you fail to do
so.
Software and Content
- Any software, content (including, without limitation,
ring tones, full music tracks, graphics, video clips,
applications and games) and/or accompanying documentation that
we provide or sell to you or that you receive or purchase
through Fido or our third party storefronts is for your own
personal, non-commercial use, may not be distributed,
transferred or sold and remains our property or that of our
licensors or content providers, as applicable. You will take
reasonable steps to protect such software, or content and/or
documentation from theft, loss or damage. Such software or
content may from time to time automatically and, without notice
to you, cause your Equipment to access the Internet incurring
data usage and/or overage charges. You must review and agree to
any applicable end user licence agreement of Fido, our
licensors or content providers. Unless otherwise provided in
the applicable end user licence agreement, all end user licence
agreements will terminate upon termination of the applicable
Agreement.
No Warranties
- You acknowledge and understand that the Services or
access to the Services, including 9-1-1, public alerts or
special needs services, may not function correctly, or at all,
in the following circumstances:
- if your Equipment fails, is not configured correctly
or does not meet Fido’s requirements;
- if you install certain third party applications on
your Equipment;
- in the event of a network outage or extended power
failure;
- if you tamper with or, in some cases, move the
Equipment; or
- following suspension or termination of your Services
or account.
- Neither Fido nor its affiliates, partners, licensors,
dealers, representatives, suppliers and agents (and their
respective employees, officers, directors, shareholders and
representatives) (collectively, “Fido Parties”) are responsible
or liable to you for any software, content, products or
services provided to you or accessible by you through the
Services, any charges incurred in connection with such
software, content, products or services or anything that is or
can be done with such software, content, products or services
even if you are billed for such software, content, products or
services. Fido may limit the amount of software, content
products or services that you may purchase. All such software,
content, products or services is accessed or transmitted solely
at your own risk.
- Not applicable to Residents of Québec:
To the maximum extent permitted by applicable law:
- the Fido Parties do not guarantee or
warrant the performance, availability, coverage,
uninterrupted use, security, pricing or operation of the
Services, the Equipment or any products, content,
applications, services, facilities, connections or networks
used or provided by us or third parties (collectively, the
“Offering”);
- you bear the entire risk as to the
use, availability, reliability, timeliness, quality,
security and performance of the Offering; and
- the Fido Parties do not make any
express or implied representations, warranties or
conditions, including warranties of title or
non-infringement, or implied warranties of merchantable
quality or fitness for a particular purpose, with regard to
the Offering.
All representations, warranties and
conditions of any kind, express or implied, are excluded to
the maximum extent permitted by applicable law. To the
maximum extent permitted by applicable law, no advice or
information, whether oral or written, obtained by you from
the Fido Parties creates any term, condition, representation
or warranty not expressly stated in an Agreement.
You are solely responsible for the following
matters:
- maintaining the security and privacy
of your property and your transmissions using the Services,
the Equipment or our facilities or networks; and
- protecting against any breaches of
security or privacy or other risks involved in installing,
using, maintaining or changing the Services or the
Equipment.
- Applicable only to Residents of
Québec: To the maximum extent permitted by law:
- the Fido Parties do not guarantee or
warrant the performance, availability, coverage,
uninterrupted use, security, pricing or operation of the
Services or any products, content, applications, services,
facilities, connections or networks used or provided by us
or third parties (collectively, the “Offering”);
- you bear the entire risk as to the
use, availability, reliability, timeliness, quality,
security and performance of the Offering; and
- the Fido Parties do not make any
express or implied representations, warranties or
conditions, including warranties of title or
non-infringement, or implied warranties of merchantable
quality or fitness for a particular purpose, with regard to
the Offering.
You are solely responsible for the following
matters:
- maintaining the security and privacy
of your property and your transmissions using the Services,
the Equipment or our facilities or networks; and
- protecting against any breaches of
security or privacy or other risks involved in installing,
using, maintaining or changing the Services or the
Equipment.
Limitations of Liability
- Not applicable to Residents of Québec:
Unless otherwise specifically set out in an Agreement, to the
maximum extent permitted by applicable law, the Fido Parties
will not be liable to you or to any third party for:
- any direct, indirect, special,
consequential, incidental, economic or punitive damages
(including loss of profit or revenue, financial loss, loss
of business opportunities, loss, destruction or alteration
of data, files or software, breach of privacy or security
property damage, personal injury, death or any other
foreseeable or unforeseeable loss, however caused) resulting
or relating directly or indirectly from or relating to the
Offering or any advertisements, promotions or statements
relating to any of the foregoing, even if we were negligent
or were advised of the possibility of such damages;
- the performance, availability,
reliability, timeliness, quality, coverage, uninterrupted
use, security, pricing or operation of the Offering;
- the denial, restriction, blocking,
disruption or inaccessibility of any Services, including
9-1-1, public alerts or special needs services, Equipment or
identifiers (including telephone numbers);
- any lost, stolen, damaged or expired
Equipment, identifiers, passwords, codes, benefits,
discounts, rebates or credits;
- any error, omission or delay in
connection with the transfer of telephone numbers to or from
another telecommunications service provider or any
limitation connected thereto;
- any acts or omissions of a
telecommunications carrier whose facilities are used to
establish connections to points that we do not serve; or
- any claims or damages resulting
directly or indirectly from any claim that the use, intended
use or combination of the Offering or any material
transmitted through the Services infringes the intellectual
property, industrial, contractual, privacy or other rights
of a third party.
These limits are in addition to any other
limits on the Fido Parties’ liability set out elsewhere in
an Agreement and apply to any act or omission of the Fido
Parties, whether or not the act or omission would otherwise
be a cause of action in contract, tort or pursuant to any
statute or other doctrine of law.
- Applicable only to Residents of
Québec: Unless otherwise specifically set out in an Agreement,
and except for damages resulting from a Fido Party’s own act,
the Fido Parties will not be liable to you or to any third
party for:
- any damages (including loss of
profit or revenue, financial loss, loss of business
opportunities, loss, destruction or alteration of data,
files or software, breach of privacy or security or property
damage) resulting or relating directly or indirectly from or
relating to the Offering;
- the performance, availability,
reliability, timeliness, quality, coverage, uninterrupted
use, security, pricing or operation of the Offering;
- the denial, restriction, blocking,
disruption or inaccessibility of any Services, including
9-1-1, public alerts or special needs services, Equipment or
identifiers (including telephone numbers);
- any lost, stolen, damaged or expired
Equipment, identifiers, passwords, codes, benefits,
discounts, rebates or credits;
- any error, omission or delay in
connection with the transfer of telephone numbers to or from
another telecommunications service provider or any
limitation connected thereto;
- any acts or omissions of a
telecommunications carrier whose facilities are used to
establish connections to points that we do not serve; or
- any claims or damages resulting
directly or indirectly from any claim that the use, intended
use or combination of the Offering or any material
transmitted through the Services infringes the intellectual
property, industrial, contractual, privacy or other rights
of a third party.
Limits on Fido’s Liability for 9-1-1 Emergency
Services Provided on a Mandatory Basis
- In respect of the provision of 9-1-1 emergency services
available through the wireless Services on a mandatory basis,
we are not liable for:
- libel, slander, defamation or the infringement of
copyright arising from material or messages transmitted over
our network from your property or premises or recorded by
your equipment or our equipment;
- damages arising out of your act, default, neglect or
omission in the use or operation of equipment provided by us;
- damages arising out of the transmission of material
or messages over our network on your behalf, which is in any
way unlawful; or
- any act, omission or negligence of other companies or
telecommunications systems when their facilities are used in
establishing connections to or from your facilities and
equipment.
Except in cases where negligence on our part results in
physical injury, death or damage to your property or premises,
our liability for negligence related to the provision of 9-1-1
emergency services on a mandatory basis is limited to the
greater of $20 and 3 times
the amount, if any, you would otherwise be entitled to receive
as a refund for the provision of defective Service under an
Agreement. However, our liability is not limited by this
Section in cases of deliberate fault, gross negligence or
anticompetitive conduct on our part or in cases of breach of
contract where the breach results from our gross negligence.
Limits on Fido’s Liability Relating to Phone
Number Listing
- Fido and the local exchange carriers furnishing
directory listing services to Fido will not be held liable for
any errors or omissions in the directory listing of your phone
number made by Fido or such local exchange carriers, due to
negligence or otherwise, whether or not the errors or omissions
are with regards to your name, address, telephone number or any
proprietary rights used in connection thereto.
Indemnification
- You will indemnify and hold harmless the Fido Parties
from and against any claims, losses, damages, costs and
expenses (including, without limitation, reasonable legal fees
and other litigation expenses) incurred by the Fido Parties
relating to your violation, alleged violation or
misappropriation of any intellectual property, industrial,
contractual, privacy or other rights of a third party or any
alleged libel or slander by a third party against you.
Privacy and Confidentiality of Your Information
- Our corporate and online Privacy Policies are available
at www.fido.ca/terms. To contact our
Privacy Officer in order to access, or obtain more information
about, your personal information held by Fido, make a
privacy-related complaint, or obtain a copy of our Privacy
Policies: e-mail us at
or write to Chief Privacy Officer, Fido Solutions, 333 Bloor
Street East, Toronto, Ontario, M4W 1G9. Personal information
collected in connection with the provision of the Services may
be stored and processed in or outside Canada and may be subject
to the laws of other jurisdictions.
Unless you provide express consent, or disclosure is
required pursuant to a legal power, all information regarding
you kept by us, other than your name, address and listed
telephone number, is confidential and may not be disclosed by
us to anyone other than:
- you;
- a person who, in our reasonable judgment, is seeking
the information as your agent;
- another telephone company, provided the information
is required for the efficient and cost-effective provision of
telephone service and disclosure is made on a confidential
basis, with the information to be used only for that purpose;
- a company involved in supplying you with telephone or
telephone-directory-related services, provided the
information is required for that purpose and disclosure is
made on a confidential basis, with the information to be used
only for that purpose;
- an agent retained by us in the collection of your
account or to perform other administrative functions for us,
provided the information is required for and used only for
that purpose;
- an agent retained by us to evaluate your
creditworthiness, provided the information is required for
and is to be used only for that purpose;
- a law enforcement agency whenever we have reasonable
grounds to believe that you have knowingly supplied us with
false or misleading information or are otherwise involved in
unlawful activities; or
- a public authority or agent of a public authority if,
in our reasonable judgment, it appears that there is imminent
danger to life or property which could be avoided or
minimized by disclosure of the information.
Express consent to disclosure may be obtained as
follows:
- by written consent;
- by oral confirmation verified by an independent third
party;
- by electronic confirmation through the use of a
toll-free number;
- by electronic confirmation via the Internet;
- by oral consent, where an audio recording of the
consent is retained by us; or
- by consent through other methods, as long as an
objective documented record of your consent is created by you
or by an independent third party.
Term; Suspension; Termination
- The term of an Agreement, and any applicable Commitment
Period, starts on the Activation Date and shall continue
indefinitely until terminated in accordance with the provisions
of that Agreement or applicable law. At the end of your
Commitment Period, your Service will automatically default to
an indefinite term. Fido may contact you at any time to propose
a renewal of your Commitment Period. If you do not wish to
renew your Commitment Period, you will retain your monthly plan
and continue to be governed by these Terms until those are
changed or terminated in accordance with the terms of that
Agreement.
- Not applicable to Residents of
Newfoundland and Residents of Québec:
Unless
otherwise permitted by applicable law:
- you may terminate any or all of your Services and any
corresponding Agreement at any time by contacting Fido at the
appropriate points of contact specified in these Terms; and
- Fido may terminate any or all of your Services or
accounts and any corresponding Agreement upon no less than 30
days’ advance notice to you at your billing address.
- Applicable only to Residents of
Newfoundland:
Unless otherwise permitted by applicable
law:
- you may terminate any or all of your Services and any
corresponding Agreement at any time by contacting Fido at the
appropriate points of contact specified in these Terms;
- Fido may terminate any or all of your Services or
accounts and any corresponding Agreement upon no less than 60
days’ advance notice to you at your billing address, unless
you are in default of your obligations pursuant to an
Agreement, including one of the events of default described
in Section 36 below; and
- if you have subscribed to a Term Service, then we may
terminate such Service only if you are in default of your
obligations under the Agreement for that Term Service or we
no longer have the technical ability to provide that Term
Service;
- if your account has a credit balance over $10 on your final invoice, then we will
refund that balance to you within 60
days of the date of that invoice. Discretionary credits will
not be refunded.
- Applicable only to Residents of
Quebéc:
Unless otherwise permitted by applicable law:
- you may terminate any or all of your Services and any
corresponding Agreement at any time by contacting Fido at the
appropriate points of contact specified in these Terms;
- Fido may terminate any or all of your Services or
accounts and any corresponding Agreement upon no less than 60
days’ advance notice to you at your billing address, unless
you are in default of your obligations pursuant to an
Agreement, including one of the events of default described
in Section 36 below; and
- if you have subscribed to a Term Service, then we may
terminate such Service only if you are in default of your
obligations hereunder, pursuant to Sections 1604, 2126 and
2129 of the Civil Code of Québec.
- If you terminate any Services, cancellation takes
effect on the day that Fido receives notice of the
cancellation. Applicable charges continue to apply until that
date. The transfer of your telephone number to another
telecommunications service provider constitutes a termination
of the applicable Service(s), and an Early Cancellation Fee may
apply as set out in Section 9.
- In addition to our rights to terminate your Services
pursuant to Sections 32, 33 and 34, to the extent permitted by
applicable law, we may restrict, block, suspend, disconnect or
terminate any or all of your Services or accounts, including
9-1-1 service, or identifiers in any way, without notice or
liability to you, if:
- you are in breach of an Agreement, including
non-payment of your charges or non-compliance with any
Policies;
- you do not maintain Service usage within the
prescribed credit limit;
- you fail to provide or maintain a reasonable security
deposit or alternative when requested to do so by us;
- you agree to a deferred payment plan with us and fail
to comply with the terms of the plan;
- you exceed reasonable usage limits, as determined by
us;
- you have given us false, misleading or outdated
information;
- we reasonably suspect or determine that any of your
account, identifiers, Services or Equipment is the subject of
fraudulent, unlawful or improper usage or usage that
adversely affects our operations or the use of our services,
facilities or networks by others;
- you harass, threaten or abuse us or our employees or
agents;
- you fraudulently or improperly seek to avoid payment
to us;
- we need to install, maintain, inspect, test, repair,
remove, replace, investigate, protect, modify, upgrade or
improve the operation of the Services, the Equipment or our
facilities or networks;
- any account or service on which your Services depend
is terminated for any reason; or
- we reasonably believe that there is an emergency or
extreme circumstance that would warrant such action.
- If we restrict, suspend, block, disconnect or terminate
your Services or accounts:
- you must pay any amounts owing;
- we may also suspend, block, disconnect or terminate,
without notice or liability, your Services under any other
agreement or account that you may have with us or a Fido
affiliate (including accounts that may be in good standing);
- you may be charged for any costs incurred by us or
any Fido affiliate in connection with your breach of these
Terms, including costs incurred to enforce your compliance;
- your access to emergency or special needs services
(e.g., 9-1-1) may also be restricted, suspended, blocked or
terminated; and
- your rates for services with Fido affiliates may
change in accordance with the terms of those services.
Arbitration
- Not applicable to Residents of Québec:
To the extent permitted by applicable law, unless we agree
otherwise, any claim, dispute or controversy, whether in
contract or tort, pursuant to statute or regulation, or
otherwise, and whether pre-existing, present or future, arising
out of or relating to the following items will be determined by
final and binding arbitration to the exclusion of the courts:
- an Agreement;
- the Services or Equipment;
- oral or written statements, advertisements or
promotions relating to an Agreement, the Services or
Equipment; or
- the relationships that result from an Agreement.
- Not applicable to Residents of Québec:
Where applicable, arbitration will be conducted in the
province in which you reside, on a simplified and expedited
basis by 1 arbitrator pursuant to the current laws and rules
relating to commercial arbitration in the province or
jurisdiction in which you reside on the date of the notice.
Fido will pay all reasonable costs associated with any such
arbitration. Any such arbitration will be conducted in
accordance with our Arbitration Protocol, which is available at
www.fido.ca/terms.
Intellectual Property
- All trademarks, copyright, brand concepts, names, logos
and designs used by us are intellectual property assets,
registered or otherwise, of, or used under license by, Fido.
All are recognized as valuable assets of their respective
owners, and may not be displayed or used by you in any manner
for commercial purposes or copied in any manner for any purpose
without the express prior written permission of the Fido Legal
Department.
Entire Agreement
- An Agreement, as amended from time to time, constitutes
the entire agreement between you and Fido for the Services
subscribed to under that Agreement and supersedes all prior
agreements, written or oral, with respect to the same subject
matter. These Terms cannot be changed by you. The
following provision does not apply to Residents of Québec: No
sales representative, dealer, agent, officer or employee of
Fido has the authority to change or modify these Terms, except
pursuant to an official revised version of these Terms, and you
may not rely on any such change or modification.
General
-
The respective obligations of the entities that may be defined
as Fido in an Agreement are several and not joint. If any
portion of an Agreement is unenforceable, the remaining
provisions continue in full force. Our failure to enforce
strict performance of any provision of an Agreement does not
mean we have waived any provision or right. Neither the course
of conduct between us nor trade practice modifies any
provision of an Agreement. An Agreement enures to the benefit
of and is binding on you, your heirs and your legal personal
representatives and on your and Fido’s respective successors
and assigns. You may not assign or transfer an
Agreement without our prior consent. We may assign or transfer
an Agreement or any of our rights or obligations hereunder
without your consent. The provisions of Sections 9, 21-30 and
32-43 survive termination of an Agreement. These Terms have
been drawn up in the English language at the express request
of the parties. Les présentes modalités ont été
rédigées en anglais à la demande expresse des parties.
Governing Law
- An Agreement is governed exclusively by the laws of the
province in which your billing address is located and you
submit to the exclusive jurisdiction of the courts of such
province, but if your billing address is outside of Canada,
that Agreement is governed exclusively by the laws of the
province of Ontario and you submit to the jurisdiction of the
courts of Ontario. Please note that your
rights and remedies may vary by province.
Fido Prepaid Services
- The following additional terms apply to Fido prepaid
services:
- you can check your usage balance from your Fido
prepaid device by calling *611 (it's a free call);
- deposits into your account for Fido prepaid services
are non-refundable;
- if you are entitled to a credit to your account, the
credit will be valid only for a certain specified period
following the initial activation of your Equipment to Fido
prepaid services;
- we will deduct a 9-1-1 Emergency Access Fee for the
provision of access to 9-1-1 service and any applicable 9-1-1
provincial government fee, once per month from your account
(there is no airtime charge for calls made from your wireless
device to 9-1-1); and
- if your account balance remains at 0
for 6 consecutive months or if required
payments toward your account are not made or are returned,
for any reason, your wireless identifier (e.g., telephone
number or PIN number) will be deactivated.
How to Contact Us
- To contact Fido regarding the Services: call
1-888-481-3436 or, from your wireless phone, call 611, free of
charge; go online at www.fido.ca/contactus
to use our live chat and for more options; send an e-mail to
send a fax to 1-888-290-3436;or write to Fido Customer Service,
800 De La Gauchetière Street West, Suite 4000, Montréal, Québec
H5A 1K3.
- Any notice of a claim must be given to the Fido Legal
Department, 800 De La Gauchetière Street West, Suite 4000,
Montréal, Québec H5A 1K3.
- Any notice shall be deemed to have been given on the
date on which it was sent by the party giving the notice.
©2007-2013
Acceptable Use Policy
Please direct any questions or comments regarding this
Acceptable Use Policy (“AUP”) and complaints of violations of
this AUP by subscribers to Except where otherwise
indicated, “you” and “your” means you and every person who uses
the Services through your account.
Introduction
When using our services, the Equipment, our facilities or
networks and any products, content, applications or services in
conjunction with the Services or Equipment, you must comply with
all applicable laws, and our policies, rules and limits
including this AUP. This AUP supplements and is incorporated
into the Fido Terms and Conditions (the “Terms”), which
accompanies this AUP. It is also available at
http://www.fido.ca/terms. Unless otherwise defined in this AUP,
defined terms have the meanings given to them in the Terms.

Prohibited Activities
Without limitation, you may not use (or allow anyone else
to use) our Services to:
- Use, possess, post, upload, transmit, disseminate or
otherwise make available content that is unlawful or violates
the copyright or other intellectual property rights of others
(as described in more detail below);
- Participate in any illegal soliciting or gaming
schemes;
- Attempt to use the Services in such a manner so as to
avoid incurring charges for usage;
- Participate in any fraudulent activities, including
impersonating any person or entity or forging anyone else's
digital or manual signature. You assume all risks regarding the
determination of whether material is in the public domain;
- Access the Internet via the Services using Internet
Protocol (IP) addresses other than the IP address(es) assigned
to you by us;
- Invade another person's privacy, collect or store
personal data about other users, or stalk or harass another
person or entity;
- Access any computer, software, data or any
confidential, copyright- protected or patent-protected material
of any other person, without the knowledge and consent of that
person, or use any tools designed to facilitate access, such as
"packet sniffers";
- Upload, post, publish, deface, modify, transmit,
reproduce, distribute in any way or otherwise make available
information, software or other material protected by copyright
or other proprietary or contractual right (such as a
non-disclosure agreement) or related derivative works, without
obtaining permission of the copyright owner or rightholder;
- Use, reproduce, distribute, sell, resell or otherwise
exploit the Services or content we provide or which you obtain
through the Services for any commercial purposes;
- Copy, distribute, sub-license or otherwise make
available any software or content we provide or make available
to you or which you obtain through the Services, except as
authorized by us;
- Alter, reproduce, or tamper with the Services or any
function, component or identifier of your Equipment, such as
the International Mobile Equipment Identity (IMEI) that is not
meant to be altered, reproduced or tampered with;
- Restrict, inhibit or interfere with the ability of any
person to access, use or enjoy the Internet, the Services or
any Equipment used to connect to the Services, or create an
unusually large burden on our networks, including, without
limitation, posting, uploading, transmitting or otherwise
making available information or software containing a virus,
lock, key, bomb, worm, Trojan horse or other harmful, limiting,
destructive or debilitating feature, distributing mass or
unsolicited e-mail ("spam") or other messages, or otherwise
generating levels of traffic sufficient to impede others'
ability to send or retrieve information, or to use the Services
in an abusive manner in connection with any unlimited packages,
options or promotions;
- Disrupt any backbone network nodes or network service,
or otherwise restrict, inhibit, disrupt or impede our ability
to monitor or deliver the Services, any transmissions or data;
- Interfere with computer networking or
telecommunications service to or from any Internet user, host,
provider or network, including, without limitation, denying
service attacks, overloading a service, improperly seizing or
abusing operator privileges ("hacking"), or attempting to
"crash" a host;
- Use the Services for anything other than your own
personal purposes (such as reselling the Services, providing
Internet access or any other feature of the Services to any
third party) or share or transfer your Services without our
express consent;
- Operate a server in connection with the Services,
including, without limitation, mail, news, file, gopher,
telnet, chat, Web, or host configuration servers, multimedia
streamers or multi-user interactive forums;
- Impersonate any person or entity, including, without
limitation, a Fido official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted through
the Services; or
- Port scan a person's computer or wireless device
without that person's consent, or use any tools designed to
facilitate these scans.
Unlawful or Inappropriate Content
Any Fido Party reserves the right to move, remove or
refuse to post any content, in whole or in part, that it, in its
sole discretion, decide are unacceptable, undesirable or in
violation of the Terms or this AUP. This includes, without
limitation:
- Obscene, profane, pornographic content;
- Defamatory, fraudulent or deceptive statements;
- Threatening, intimidating, abusive or harassing
statements;
- Content that violates the privacy rights or
intellectual property rights of others;
- Content that unlawfully promotes or incites hatred;
- Content that is otherwise offensive or objectionable;
or
- Any transmissions constituting or encouraging conduct
that would constitute a criminal offence, give rise to civil
liability or otherwise violate any municipal, provincial,
federal or international law, order or regulation.
For purposes of this AUP, "content" refers to all forms of
communications including, without limitation, text, graphics
(including photographs, illustrations, images, drawings, logos),
executable programs, audiovisual recordings, and audio
recordings.
Security
As set out above, you are responsible for any misuse of
the Services, by you or by any other person with access to the
Services through your Equipment or your account. Therefore, you
must take steps to ensure that others do not gain unauthorized
access to the Services through any means, including, without
limitation, wireless networking. The Services may not be used to
breach the security of another user or to attempt to gain access
to any other person’s equipment, software or data, without the
knowledge and consent of such person. Additionally, the Services
may not be used in any attempt to circumvent the user
authentication or security of any host, network, or account,
including, without limitation, accessing data not intended for
you, logging into or making use of a server or account you are
not expressly authorized to access, or probing the security of
other networks. Use or distribution of tools designed for
compromising security, such as password guessing programs,
cracking tools, packet sniffers or network probing tools, is
prohibited. You may not disrupt the Services. The Services also
may not be used to interfere with computer networking or
telecommunications services to any user, host or network,
including, without limitation, denial of service attacks,
flooding of a network, overloading a service, improper seizing
and abuse of operator privileges and attempts to "crash" a host.
The transmission or dissemination of any information or software
that contains a virus or other harmful feature is also
prohibited. You are solely responsible for the security of any
device you choose to connect to the Services, including any data
stored on that device. In particular, Fido recommends against
enabling file sharing of any sort. Fido recommends that any
files or services you do choose to make available for remote
access be protected with a strong password or as otherwise
appropriate. You agree to treat as confidential all access
codes, personal identification numbers and/or other passwords
that we may provide to you for use with the Services.
Unsolicited Communications
As set out above, the Services may not be used to send
unsolicited, bulk or commercial messages or for any other
unsolicited communications. This includes, without limitation,
using automatic dialing and announcing devices to or otherwise
make unsolicited voice or facsimile calls and bulk mailing of
commercial advertising, informational announcements, charity
requests, petitions for signatures and political or religious
messages. Such communications may only be directed to those who
have explicitly requested it. The Services may not be used to
send messages to any individual who has indicated that he/she
does not wish to receive messages from you. The Services may not
be used to collect responses from unsolicited e-mail messages
sent from accounts on other Internet hosts or e-mail services
that violate this AUP or the acceptable use policy of any other
Internet service provider. Moreover, unsolicited e- mail
messages may not direct the recipient to any web site or other
resource that uses the Services. Forging, altering or removing
e-mail headers is prohibited. You may not reference any Fido
network (for example, by including “Organization: Fido” in the
header in any unsolicited e-mail even if that e-mail is not sent
through a Fido network. “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.
Fido is not responsible for the forwarding of e-mail sent to any
account that has been suspended or terminated. Such e-mail will
be returned to sender, ignored, deleted, or stored temporarily,
at Fido’s sole discretion.
User-Generated Content Services
“User-Generated Content Services” or “UGC Services” refers
to any services that allow an end user to post, upload or
generate content online to be shared with a limited or unlimited
number of recipients and may include, without limitation:
newsgroups, online forums, message boards, chat programs,
wiki’s, photo sharing services, customer review sites, video
sharing services, blogs and web hosting.
Any User-Generated Content Services accessed through the
Services must be used in accordance with the following:
- You must comply with the UGC Service’s written charter,
policies or FAQs;
- You may only post advertisements, solicitations, or
other commercial messages in the UGC Service if that service’s
charter, policies or FAQs explicitly permit them;
- You are responsible for determining the policies of the
UGC Service before using it;
- You must adhere to daily volume, file size and format
restrictions of any UGC Service;
- Unless otherwise specified in the UGC Service’s
charter, policies or FAQs, you must not forge, alter or remove
any information from the UGC Service;
- The Fido Parties have no obligation to monitor the
content of any UGC Service and the Fido Parties are not liable
for any claims, losses, actions, proceedings, suits,
liabilities, damages, settlements, penalties, fines, costs and
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Our great lord and savior Snom's legendary clips of legends.
~EPIC SNOM SWEEP~ SHINY CHARIZARD GIGANTAMAX DESTROYED!
snom best pokemon (THE SNOMTAGE)
Snom
Snom Song
Snom Walk
Snom Walk 2
And many more!


字符串
您可以使用单引号或双引号来构造字符串
在双引号字符串中，允许使用内嵌表达式替换字符串内容。而单引号字符串则不会替换内容
a := 2
assert "value is {a}" == "value is 2"
assert "2 + 3 is {2 + 3}" == "2 + 3 is 5"
assert 'a is {a}' == 'a is {a}'
多行字符串。单引号字符串可以写成多行形式，但换行部分不会转换为换行符。同时三倍重复单引号字符串不会替换内容
name := "John"
message1 := """Hi, {name}
I want to see you."""
message2 := '''Hi, {name}
I want to see you.'''
assert message1 == 'Hi, John\nI want to see you.'
assert message2 == 'Hi, {name}\nI want to see you.'


|
PATHMANIP(1) |
General Commands Manual |
PATHMANIP(1) |
NAME
pathmanip — Provides a set of shell functions to manipulate path-type shell variables.
SYNOPSIS
source pathmanip
. pathmanip
delete_from_path variable value
prefix_path variable value
suffix_path variable value
consolidate_path variable
DESCRIPTION
pathmanip provides a tiny library of shell functions for Bash or KornShell93 that may be used to manipulate shell variables containing colon-separated paths, such as
PATH,
MANPATH and others.
The library needs to be sourced in the current shell to install the functions in the environment. This may be done using the
source or
. (dot) commands, either from the command line or from a shell initialization script.
Once sourced, four shell functions will be available:
-
delete_from_path
-
Takes a variable name and a value (a path) and will remove any occurances of the value from the path held in the variable.
-
prefix_path
-
Will add the given value to the beginning of the given variable, and will also remove any occurances of the value elsewhere in the path.
-
suffix_path
-
Like prefix_path but will add the value to the end of the the given variable.
-
consolidate_path
-
Takes only a variable name and will remove duplicated entries from the path held by it.
-
-h
-
If pathmanip is invoked as a script, -h will display brief usage information.
EXIT STATUS
The pathmanip utility exits 0 on success, and >0 if an error occurs.
EXAMPLES
$ source pathmanip
$ p="a:b:c:d:b"
$ delete_from_path p "c"
$ echo "$p"
a:b:d:b
$ suffix_path p "a"
$ echo "$p"
b:d:b:a
$ prefix_path p "d"
$ echo "$p"
d:b:b:a
$ consolidate_path p
$ echo "$p"
d:b:a
Typical usage in a shell initialization file:
prefix_path PATH "$HOME/local/bin"
consolidate_path PATH


This document describes a method for structurally annotating a genome based on massive cDNA sequencing (RNA-Seq). The guide below is a description of the method we developed for and applied in the RNA-Seq based Genome Annotation Assessment Project (rGASP). It was applied to a variety of data types, such as from Illumina and SOLiD, for read lengths between 33bp and 75bp, single and paired-end reads, stranded and unstranded reads, on human, Drosophila and C.elegans. We therefore expect this to be generally applicable to other projects with some parameter adjustments. The general approach is to generate hints for Augustus from the RNA-Seq, which can be used together with hints from other sources if available (like from an existing gene models, ESTs, protein or genomic conservation, MS/MS). The approach outlined below is preliminary, and certainly can be improved upon, e.g. by adding more information from the RNA-Seq in the form of hints. Also, it is just one way to translate RNA-Seq information to gene structure hints and you can adjust it for your processed data if you have already a mapping or assembly of reads. For example, if you choose to first assemble RNA-Seq reads to contigs, you may just just treat them as other larger transcript fragments such as ESTs and use BLAT/GMAP+blat2hints.pl to generate the hints.
1. Align RNA-Seq Reads to Genome
For species with many multi-exon genes (most species), we found that spliced reads are by far most valuable. Spliced reads are reads that span an exon-exon boundary and therefore delineate a complete intron. It is therefore important to chose an alignment method that recovers as many true spliced reads as possible.
1.1 Illumina:
In lack of a better program, we chose to use the program BLAT, which is not customized for NGS reads (Next Generation Sequencing), but found more introns than Tophat 1.0.11. However, it is straightforward to adjust this pipeline to Bowtie/Tophat input, because Tophat produces results in the same or similar format (wig file and intron list including multiplicities).
blat -noHead -stepSize=5 -minIdentity=93 genome.masked.fa rnaseq.fa ali.psl
Then filter alignments for alignment quality, uniqueness and pairedness, if applicable.
cat ali.psl | filterPSL.pl --uniq --paired > ali.f.psl
This filter requires by default a minimum coverage of 80% of the read length and a minimum percent identity of 92%.
--uniq makes the filter script keep only alignments, which are 1) the best alignment for that read and 2) unique in the sense that all other alignments of that read have a score that is at most 0.96 (uniquethresh) the score of the best. The rationale behind stringent filtering is that self-similarity of the genome or of transcripts in particular may otherwise yield many false positive alignments. False positive alignments can be a greater problem to Augustus as false negative alignments, the later may frequently be corrected by the ab initio model aided by neighboring alignments.
--paired is another filter that only applies to paired-end reads. It requires that two reads from the same read-pair (when the read names end in .f,.r or /1,/2) are on opposite strands, on the same genomic contig and at most maxintronlen (default: 500000) apart from each other.
For single-end reads just run
cat ali.psl | filterPSL.pl --uniq > ali.f.psl
Repeatmasking alone usually does not filter out repetitions of DNA to the extend that RNA-Seq read mapping become unambiguous or false positive. From our experience it can happen that even with the stringent --unique filtering reads map to a likely wrong place in the genome. This is frequently a region that is not a gene but shows high genomic similarity to another region with a gene. You may therefore consider increasing the stringency of the filtering by removing hits from regions that are repeated similarly in the genome (and are not repeatmasked nonetheless). We chose to remove hints that overlap a self-chain alignment of the UCSC Genome Browser.
Sort alignments by target sequence and within target sequence by position for further processing
cat ali.f.psl | sort -n -k 16,16 | sort -s -k 14,14 > ali.fs.psl
1.2 SOLiD:
Color-space reads cannot be aligned with BLAT. Therefore we chose SHRIMP, e.g. in the case of 36bp reads we ran
rmapper-cs -s<PHONE_NUMBER>11 -n 2 -t 4 -o 5 -r 36 rnaseq.cfasta genome.masked.fa > shrimp.out
sorted the output
cat shrimp.out | grep -P "^>" | perl -ne 'split /\t/; print if ($_[1] !~ /_/)' | sort -k 1,1 > shrimp.s.out
and then filtered with
cat shrimp.s.out | filterShrimp.pl --minScore=320 --uniq --uniqthresh=0.9 > shrimp.f.out
Finally, also sort by target sequence (chromosome):
sort -k 2,2 shrimp.f.out > shrimp.fs.out
2. Generate Hints from Alignments
We currently generate two types of hints from the RNA-Seq alignments, exonpart and intron hints. Intron hints are more important but can currently not be generated by all NGS mapping programs: Most of them perform no spliced alignment.
1.2 exonpart hints and wiggle track
Each exonpart hint specifies an interval that is likely to be exonic. We take the local coverage depth into account. For the purpose of exonpart hint generation and visualization we first summarize the alignments to a coverage depth function in wiggle format. Wiggle format (.wig) is a format of the UCSC Genome Browser.
aln2wig -f ali.fs.psl > cov.wig
This command works both for Illumina and SOLiD reads. For SOLiD you replace ali.fs.psl with shrimp.fs.out. If you have stranded reads, you should generate two wig tracks, e.g. plus.wig and minus.wig and treat them separately below. The corresponding hints should then have the strand column set. This will help Augustus to determine the strand of a gene fragment.
Now generate the exonpart hints with
cat cov.wig | wig2hints.pl --width=10 --margin=10 --minthresh=2 --minscore=4 --prune=0.1 --src=W --type=ep --UCSC=unstranded.track --radius=4.5 --pri=4 --strand="." > hints.ep.gff
or adjust this command line accordingly when you have a stranded wig file. This command generates for each coverage island a sequence of adjacent 20bp exonpart hints (exonpart = ep) and also stores the average coverage depth in each such window as a means to adjust the weight of the evidence later.
1.2 intron hints
Evidence about introns is collected from spliced alignments. The crucial data is the exact intron boundaries and the multiplicity of the intron, i.e. the absolute number of reads that span the intron.
blat2hints.pl --intronsonly --in=ali.fs.psl --out=hints.introns.gff
If you chose a different approach, produce an output format like this for the intron hints:
chr1 b2h intron 14800 14877 0 . . mult=47;src=E
In this tab-separated format the 14800th base of sequence chr1 is the first base of the intron, 14877 is the last, 47 is the multiplicity of the intron and E is the source identifier for setting the bonus of this evidence source below. The strand of an intron will be determined automatically by Augustus.
1.3 joined hints
Concatenate all hints:
cat hints.introns.gff hints.ep.gff [hints.other.gff] > hints.gff
The optional hints.other.gff may contain hints from other evidence sources. It may be preferable for efficiency to split the hints file by chromosome.
3. Run Augustus
3.1 Set hint parameters
Adjust the file extrinsic.cfg that holds the hint parameters. Start by copying the file config/extrinsic/extrinsic.M.RM.E.W.cfg. In the example above the relevant, non-neutral lines could look like this:
[SOURCES]
M RM E W
exonpart 1 .992 M 1 1e+100 RM 1 1 E 1 1 W 1 1.005
intron 1 .34 M 1 1e+100 RM 1 1 E 1 1e5 W 1 1
CDSpart 1 1 0.985 M 1 1e+100 RM 1 1 E 1 1 W 1 1
UTRpart 1 1 0.985 M 1 1e+100 RM 1 1 E 1 1 W 1 1
nonexonpart 1 1 M 1 1e+100 RM 1 1.01 E 1 1 W 1 1
The exonpart malus of .992 means a weak penalty factor for every predicted exonic base that is not supported by any exonpart hints. The exonpart bonus for hints of source W of 1.005 mean that gene structures get this bonus factor for every exonpart hint of multiplicity 1 that is completely included in an exon. Introns that are not supported by any intron hint are penalized by .34, and introns that are supported by RNA-Seq hints are rewarded by a factor of 100,000. The 0.985 are local malus factors. The concept of a local malus was recently introduced to account for different levels of missing information, that becomes more important with with higher general coverage of RNA-Seq. Like the (normal) malus, the local malus also applies to exonic bases that are unsupported by hints. In contract to the normal malus, the local malus only applies to exons, that are well-supported at some region and not supported at another region of the same exon. The following picture illustrates a typical case where the local malus applies.
This UTR exon candidate is very unevenly supported by RNA-Seq coverage and therefore likely to be too long. For every base that is not covered by any exonpart hint a local UTRpart malus factor of 0.985 is applied in addition to the normal exonpart malus of 0.992.
Above parameters have to be seen as an example. The optimal values will depend on various parameters, including
1) Amount of RNA-Seq and percentage of genes expressed in the library. The more transcripts are expressed and covered by RNA-Seq the stronger the malus can be. In the extreme (hypothetical) case, all exonic bases are covered with RNA-Seq and unsupported predicted exonic regions can be punished hard.
2) The stringency of filtering. If, for some other reason, you have chosen to include more than one hit of a read or you allow best alignments also when they are ambiguous, then you may get a significant false positive rate of hints and you may have to reduce bonus factors significantly.
3) Alignment method.
3.2 Run Augustus
augustus --species=human --UTR=on --extrinsicCfgFile=extrinsic.cfg --alternatives-from-evidence=true --hintsfile=hints.gff --allow_hinted_splicesites=atac
We recommend switching the UTR flag to "on" because RNA-Seq covers UTR as well. With --UTR=off, the exonpart hints would be (mis)interpreted to be hints for coding parts of exons. --allow_hinted_splicesites=atac allows Augustus to predict the (rare) introns that start with AT and end with AC in addition to the GT-AG and GC-AG introns that are allowed by default. --alternatives-from-evidence=true turns on the prediction of alternative splicing. For this, intron hints are in particular informative, as exonpart hints alone will (if unstranded) not yield alternative transcripts.
Mario Stanke, 10/30/2009


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SALE
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$29.99/yr
Subscribe for a year and save 50% off the normal monthly price. *Best Value


This is a test. This is also a test.
This is a really bold test! 'This test was developed in Pisa.'
Our priorities for testing are as follows:
A good way to ensure things don't break is to formally verify them using a language like Idris.


Try building some code.
try_compile(RESULT_VAR <bindir> <srcdir>
<projectName> [targetName] [CMAKE_FLAGS flags...]
[OUTPUT_VARIABLE <var>])
Try building a project. In this form, srcdir should contain a complete CMake project with a CMakeLists.txt file and all sources. The bindir and srcdir will not be deleted after this command is run. Specify targetName to build a specific target instead of the ‘all’ or ‘ALL_BUILD’ target.
try_compile(RESULT_VAR <bindir> <srcfile|SOURCES srcfile...>
[CMAKE_FLAGS flags...]
[COMPILE_DEFINITIONS flags...]
[LINK_LIBRARIES libs...]
[OUTPUT_VARIABLE <var>]
[COPY_FILE <fileName> [COPY_FILE_ERROR <var>]])
Try building an executable from one or more source files. In this form the user need only supply one or more source files that include a definition for ‘main’. CMake will create a CMakeLists.txt file to build the source(s) as an executable. Specify COPY_FILE to get a copy of the linked executable at the given fileName and optionally COPY_FILE_ERROR to capture any error.
In this version all files in bindir/CMakeFiles/CMakeTmp will be cleaned automatically. For debugging, –debug-trycompile can be passed to cmake to avoid this clean. However, multiple sequential try_compile operations reuse this single output directory. If you use –debug-trycompile, you can only debug one try_compile call at a time. The recommended procedure is to protect all try_compile calls in your project by if(NOT DEFINED RESULT_VAR) logic, configure with cmake all the way through once, then delete the cache entry associated with the try_compile call of interest, and then re-run cmake again with –debug-trycompile.
Some extra flags that can be included are, INCLUDE_DIRECTORIES, LINK_DIRECTORIES, and LINK_LIBRARIES. COMPILE_DEFINITIONS are -Ddefinition that will be passed to the compile line.
The srcfile signature also accepts a LINK_LIBRARIES argument which may contain a list of libraries or IMPORTED targets which will be linked to in the generated project. If LINK_LIBRARIES is specified as a parameter to try_compile, then any LINK_LIBRARIES passed as CMAKE_FLAGS will be ignored.
try_compile creates a CMakeList.txt file on the fly that looks like this:
add_definitions( <expanded COMPILE_DEFINITIONS from calling cmake>)
include_directories(${INCLUDE_DIRECTORIES})
link_directories(${LINK_DIRECTORIES})
add_executable(cmTryCompileExec sources)
target_link_libraries(cmTryCompileExec ${LINK_LIBRARIES})
In both versions of the command, if OUTPUT_VARIABLE is specified, then the output from the build process is stored in the given variable. The success or failure of the try_compile, i.e. TRUE or FALSE respectively, is returned in RESULT_VAR. CMAKE_FLAGS can be used to pass -DVAR:TYPE=VALUE flags to the cmake that is run during the build. Set variable CMAKE_TRY_COMPILE_CONFIGURATION to choose a build configuration.


WEST HOLLYWOOD, CA
NOVEMBER 02 - DECEMBER 31
Visit us at our newest showroom location in the heart of West Hollywood's fashion, culinary, and creative district, La Cienega Design Quarter.
Get the facts on fit and fabric with a personal DSTLD Stylist who will work with you one on one to achieve style perfection.
All orders placed in-store will receive free shipping. You'll leave hands free, but with your confidence full.
HOURS
Monday - Friday: 10a - 8p
Saturday: 10a - 7p
Sunday: 10a - 5p
HOLIDAY HOURS
Closed on Christmas Eve and Christmas Day.
ADDRESS
611 N La Cienega Blvd
West Hollywood, CA 90069
FOR INQUIRIES hello@dstld.la


{% extends "users/register.html" %} {% load i18n %} {% block regcontent %}
{% blocktrans with reguser.username as username %} Congratulations {{username}}!! {% endblocktrans %}
{% blocktrans %} We sent a mail to your address. To complete the registration process, read the mail and follow the instructions {% endblocktrans %}
{% endblock %}


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load(self,
data,
file_name=' <string> ' ,
show_content=True)
Creates a python datastructure from the given data, which can be
either a JSON or YAML string. |
source code
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load_from_file(self,
file_name)
Loads data from a file, which can contain either JSON or YAML. |
source code
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is_executable(self,
path)
is the given path executable? |
source code
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_safe_load(self,
stream,
file_name=None)
Implements yaml.safe_load(), except using our custom loader class. |
source code
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_get_file_contents(self,
file_name)
Reads the file contents from the given file name, and will decrypt
them if they are found to be vault-encrypted. |
source code
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_handle_error(self,
yaml_exc,
file_name,
show_content)
Optionally constructs an object (AnsibleBaseYAMLObject) to
encapsulate the file name/position where a YAML exception occurred,
and raises an AnsibleParserError to display the syntax exception
information. |
source code
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get_basedir(self)
returns the current basedir |
source code
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set_basedir(self,
basedir)
sets the base directory, used to find files when a relative path is
given |
source code
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path_dwim(self,
given)
make relative paths work like folks expect. |
source code
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path_dwim_relative(self,
path,
dirname,
source)
find one file in either a role or playbook dir with or without
explicitly named dirname subdirs |
source code
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path_dwim_relative_stack(self,
paths,
dirname,
source)
find one file in first path in stack taking roles into account and
adding play basedir as fallback |
source code
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read_vault_password_file(self,
vault_password_file)
Read a vault password from a file or if executable, execute the
script and retrieve password from STDOUT |
source code
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_create_content_tempfile(self,
content)
Create a tempfile containing defined content |
source code
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get_real_file(self,
file_path)
If the file is vault encrypted return a path to a temporary decrypted
file If the file is not encrypted then the path is returned Temporary
files are cleanup in the destructor |
source code
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Inherited from object :
__delattr__ ,
__format__ ,
__getattribute__ ,
__hash__ ,
__new__ ,
__reduce__ ,
__reduce_ex__ ,
__repr__ ,
__setattr__ ,
__sizeof__ ,
__str__ ,
__subclasshook__
|


{% extends "webpage/base.html" %} {% load static %} {% load webpage_extras %} {% block title %} Terms of Use {% endblock %} {% block content %}
Database of English Learner Texts (DELT). 2007-. Compiled by the Centre for English Language Teaching. https://delt.acdh.oeaw.ac.at Users are encouraged to inform the CELT when they have published or presented work based on/referring to DELT (mailto: celt@univie.ac.at))
In case you login to the service via Federated Login (Shibboleth), following personal data is processed:
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Attributes concerning user's name are used in communication with the user (via e-mail and on the website) and for marking user's contribution. If the requested attributes are obtained, they are used by default, the user still has the possibility to change the display name.
The user's affiliation can be used for managing access to resources (authorisation), e.g. if access to a resource is granted to members of an institute. If no information about affiliation is available, user-based authorisation is used.
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General network traffic data is logged to generate anonymised statistics about the use of our resources, for which Matomo (see respective section) is used.
Cookies are files with small amount of harmless data, which may include an anonymous unique identifier. Cookies are sent to the user’s browser from a web site and stored on the user’s hard drive.
Like many sites, ACDH uses cookies. Cookies that collect information do this solely for the purpose of improving DELT’s services and enhance user experience. The user can instruct his browser to refuse all cookies or to indicate when a cookie is being sent. However, if the user does not accept cookies, he may not be able to use some portions of DELT’s services.
DELT uses both session and persistent cookies to enable certain functions of DELT’s service, to provide analytics and to store user preferences. Cookies are not used for advertising purposes.
Like most website operators, DELT collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. For this purpose an own instance of Matomo (former Piwik) is used.
DELT’s purpose in collecting non-personally identifying information is to better understand how DELT’s visitors use its website and services. DELT may release non-personally-identifying information in the aggregate, e.g. by publishing a report on trends in the usage of its website, to reveal how many downloads a particular resource got or to say which resources are most popular.
DELT also collects potentially personally-identifying information like Internet Protocol (IP) addresses. DELT does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described above.
No personal data will be disclosed to third parties.
The security of personal information is important to ACDH, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While ACDH strives to use commercially acceptable means to protect personal information, it cannot guarantee its absolute security.
If you need to access, rectify and/or delete any personal data we store about you or which you provided to us please contact us. Contact details can be found in Data Controller and Contact Person.
This Privacy Policy is effective as of September 2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
ACDH reserves the right to update or change its Privacy Policy at any time and the user should check this Privacy Policy periodically. The user’s continued use of the Service after any modifications are posted to the Privacy Policy on this page will constitute the user’s acknowledgment of the modifications and consent to abide and be bound by the modified Privacy Policy.
If ACDH makes any material changes to this Privacy Policy, it will notify the user either through the e-mail address provided, or by placing a prominent notice on DELT’s website.
User’s personal data will be protected according to the Code of Conduct for Service Providers, a common standard for the research and higher education sector to protect user privacy.
DELT
University of Vienna
Faculty of Philological and Cultural Studies
Department of English and American Studies
Campus der Universität Wien, Hof 8.3
Spitalgasse 2-4
1090 Wien
Austria
T: +43-1-4277-42401
<EMAIL_ADDRESS>The provisions of Austrian law apply to this agreement. Place of jurisdiction is Vienna.