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CloudPath™ Terms and Conditions
Effective date: 7 June 2011
This document is a binding agreement ("Agreement") between 1429481 Ontario Inc. o/a Pathway Communications, 95 Apple Creek Blvd., Markham, Ontario Canada L3R 1C7 ("Pathway", "We" or "Us") and you, the company or other legal entity you represent who signs up for and commits to use the Pathway Cloud Services (collectively, "You").
This Agreement incorporates, by reference,
and the terms therein, may be modified by Pathway or its affiliates from time to time. This Agreement is the complete and exclusive agreement between you and Pathway regarding its subject matter and supersedes and replaces any prior agreement, understanding or communication, written or oral.
By clicking the "Accept" button for this Agreement on Pathway's web site, or by signing this Agreement to purchase and use the Pathway Cloud Services and/or additional, fee-based services used in conjunction with the Pathway Cloud Service, you agree to be bound by all the terms and conditions of this Agreement and any modifications subsequently made pursuant to these terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind such legal entity to this Agreement, in which case "you" shall mean such entity. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, you must select the "Decline" button or not sign this Agreement and you may, thereafter not use the Pathway Cloud Services. In addition to representations, warranties and agreements you make, you confirm the information you have provided to Pathway is true to the best of your knowledge and that you are 18 years of age or older. We may change this Agreement from time to time by publishing the new policy on our web site and/or by written notice to you describing such changes. Any changes made during the term of your Agreement will become effective and applicable to you the earlier of thirty (30) days following such changes being published on Pathway's web site or our written notice to you describing such changes.
TERMS OF SERVICE
The expressions which are used in this Agreement have meanings as described below:
2. PATHWAY'S SERVICE OBLIGATIONS
Contingent upon Pathway's acceptance of your Service Order, and subject to these Terms of Service, Pathway agrees to provide the Services to you. Pathway agrees to follow security procedures at least as stringent, in Pathway's reasonable judgment, as those described in its Security Policies
3. YOUR OBLIGATIONS
You agree to do each of the following:
Lawful use. You agree to use the Services only for lawful purposes:
4. SERVICE LEVEL AGREEMENT
The Service Level Agreement(s) listed below are part of this Agreement for the Services you are acquiring, pursuant to your Service Order: http://cloudpath.pathcom.com/sla
5. ACCEPTANCE OF SERVICE ORDERS
This Agreement is incorporated into, and forms and integral part of your Pathway Service Order by reference, or by reference to this Agreement, as displayed ona page on the Pathway website. If, over time, you sign multiple Service Orders with Pathway using a single account, then the Agreement incorporated into, and which forms part of the latest, or most recent, Service Order will govern all your Service Orders.
A Service Order will be deemed to have been formally executed when
6. CHANGES TO AGREEMENT AND OTHER POLICIES
We may change this Agreement and Terms of Service, the Privacy Notice and the AUP at any time, at our sole discretion, provided that such changes are reasonable and consistent with applicable law and general industry norms. Any changes made during the term of your Agreement will become effective and applicable to you the earlier of thirty (30) days following such changes being published on Pathway's web site or our written notice to you describing such changes.
If the change materially and adversely affects you and you do not accept such changes, you may terminate the Agreement by giving written notice of your intent to terminate Services, no later than thirty (30) days following the date the change becomes effective, stating such grounds. If you terminate your Service because the change adversely affects you, we may, at our option, either
Other than as stated herein, the Agreement may be modified only by a formal, document signed by authorized representative of each party. If there is a conflict between the terms of this agreement with any of the other documents that comprise this Agreement, then the documents will govern in the following order of precedence: Agreement, Service Order, Terms of Service, and the Acceptable Use Policy.
The initial term for each Service Order begins on the date we make the Services available for your use and continues for the period stated in the Service Order. If no period is stated in the Service Order, then the initial term shall be one year. Upon expiration of the initial term, the Service Order will automatically renew for successive renewal terms of one year each, unless and until one of us gives the other a written notice of non-renewal at least four months prior to the expiration of the initial term, or then-current renewal term, as applicable.
Pathway will charge you the Fees stated in your Service Order and you agree to pay Pathway the Fees related to such Services. The Fees posted on Pathway's web site do not include taxes, long distance or other applicable charges. There is a minimum Fee commitment related to each Service that you enrol for, under your Service Order.
If your actual Service usage does not meet or does not exceed the minimum commitment, Pathway will charge you minimum Fee, which will be higher than the Fee based on your actual usage.
The schedule for payment of Fees to Pathway will be as follows:
Provided that Pathway may, at its discretion, wait to charge your credit card until the time when aggregate fees due are at least $50.00. Unless otherwise agreed in the Service Order, your billing cycle will be monthly, beginning on the date that Pathway first makes the Services available to you.
Unless you have made other arrangements, you will be required to pay the Fees using a valid Credit Card (Visa or MasterCard only) issued in your name. By providing your Credit Card information for payment of the Service Fees to Pathway, you expressly authorize Pathway to charge your Credit Card (and any replacement Credit Card) all Fees and outstanding amounts owing to Pathway.
It is your responsibility to ensure that the billing information provided to Pathway, including your address and Credit Card details or other billing information, remains current at all times and you agree to notify Pathway of any changes to your billing information forthwith.
Pathway may suspend all Services (including Services provided to you pursuant to any unrelated Service Order or other agreement we may have with you) if our charges to your credit card are rejected for any reason. Pathway may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate, whichever is higher) on any amount is overdue by more than thirty (30) days. If Pathway brings any legal action to collect, or engages a collection agency, you will also be required to pay Pathway's reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in Canadian Dollars. Any "credit" that Pathway may owe you, such as a credit for failure to meet a stated Service Level Assurance, will be applied to Fees due from you for Services, and will not be paid to you as cash or as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed to be accurate. Pathway is required, by law, to collect taxes on the provision of the Services, and you must pay Pathway the amount of the tax that is due or provide satisfactory evidence of your exemption from such tax. You authorize Pathway to obtain a credit report at any time during the term of the Agreement.
9. FEE INCREASES.
Pathway may increase the Fee for the Services at any time on 30 days' (30) days written notice to you. Such Fee increase will be effective as of the completion of the thirtieth day of the period of written notice of the Fee increase. In addition if, during the initial term or any renewal term, there is an increase in the Canadian Consumer Price Index over the Canadian Consumer Price Index reported for the month in which you signed your Service Order, we may increase your Fees by the same percentage as the increase in the Canadian Consumer Price Index. Provided that we may not increase your Fees pursuant to this clause more often than once every twelve months, and we must give you at least thirty days advance written notice of the increase.
10. SERVICE SUSPENSION OR TERMINATION
We may suspend or terminate your Services without any liability if:
11. TERMINATION FOR CONVENIENCE AND EARLY TERMINATION FEE.
You may terminate this Agreement for convenience at any time, on thirty days advance written notice. If you terminate the Agreement for convenience, in addition to other amounts you may owe, you must pay an early termination fee equal to fifty percent (50%) of the minimum monthly financial commitment you have made, for the remaining, unmet portion of the then-current term. You agree that this is not a penalty but a reasonable payment of Fees to Pathway for early termination of this Agreement. Customer on month-to-month contract Terms will be entitled to no refund for any pro-rata amounts, should they decide to terminate the Agreement before the end of the month.
12. TERMINATION FOR BREACH.
We may terminate the Agreement for breach on written notice if:
You may terminate this Agreement for breach on written notice if:
13. ACCESS TO DATA.
You will not have access to your data stored on the Pathway Cloud™ system during a suspension or following termination. Pathway backups the Pathway Cloud systems on a periodic basis so that we are able to more quickly restore the systems in the event of a failure. These backups are made on a snap-shot basis and, therefore, capture only the information that exists on the system at the time of the backup. In addition, we may destroy all but the most recent backup. These backups may not be available to you or, if available, may not be useful to you outside of the Pathway Cloud systems. Although the Pathway Cloud service may be used as a backup service, you agree that you will maintain at least one additional current copy of your programs and data stored on the Pathway Cloud system somewhere other than on the Pathway Cloud system .
14. UNAUTHORIZED ACCESS TO YOUR DATA OR UNAUTHORIZED USE OF THE SERVICES.
Pathway is not responsible for any unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Pathway's failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have provided access or access credentials for the Services and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
We do not warranty or promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. Pathway has no obligation to provide security other than as stated in this Agreement. To the extent permitted by applicable law, Pathway makes no express or implied representations, warranties or conditions of any kind whatsoever, including but not limited to warranties of title or non-infringement, or implied warranties or conditions of merchantability or fitness for a particular purpose, with regard to the Service, hardware, software or any other Service or deliverable provided hereunder, or any merchandise, information, content or Service provided on the internet, and all representations, warranties, or conditions of any kind, express or implied are, to the extent permitted by applicable law, hereby excluded.
Neither Pathway, nor any of its affiliates, agents or suppliers warrant the performance, availability, uninterrupted or error free use of or operation of the Service or any deliverable provided pursuant to this Agreement. The entire risk as to the availability and performance of the Service or any of its components, is with you. Further, neither we nor our affiliates, agents or suppliers warrant that any data or files sent by or to you will be transmitted, transmitted in uncorrupted form or transmitted within a reasonable period of time, or that such data or files will not be intercepted, that other persons will not gain access to your Account, the Service, any of your content or that any data or material accessible through the Service will be free of viruses or other harmful components.
16. CONFIDENTIAL INFORMATION.
Each of us agrees not to use the other's Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the other's Confidential Information to any third person except as follows:
17. LIMITATION ON DAMAGES.
Our obligations to you are defined by this Agreement. We are not liable to you for failing to provide the Services even if the failure results from a breach of this Agreement, or results from negligence. The credits described in the Service Level Agreement are your sole and exclusive remedy for non-availability of the Services. Neither of us, namely you or we, nor any of our respective employees, agents, affiliates or suppliers, is liable to the other for any lost profits or any other indirect, special, incidental or consequential loss or damages of any kind or for any loss that could have been avoided by the damaged party's use of reasonable diligence, even if the party responsible for the damages has been advised or should be aware of the possibility of such damages. In no event shall either of us be liable to the other for any punitive damages.
Notwithstanding anything in the Agreement to the contrary, the maximum aggregate monetary liability of Pathway and any of its employees, agents, suppliers or affiliates, in connection with the Services, the Agreement and any act or omission related to the Services or Agreement under any theory of law (including Breach of Contract, tort, strict liability, violation of law, and infringement) shall not exceed the greater of (i) the amount of Fees you paid for the Services for two (2) months prior to the occurrence of the event giving rise to the claim, or (ii) Five Hundred Canadian Dollars ($500.00).
Under no circumstances shall we, our affiliates or our agents be liable to you or to any third party for any direct, indirect, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from
If we, our affiliates, or any of our or their respective employees, agents, or suppliers (the "Pathway Indemnitees") are faced with a legal claim by a third party arising out of your actual or alleged gross negligence, wilful misconduct, violation of law, failure to meet security obligations required by the Agreement, violation of the AUP, or violation of these Terms and Conditions, then you will pay the cost of defending the claim (including reasonable attorney fees) and any damages awarded, fine or other amount that is imposed on the Pathway Indemnitees as a result of the claim. Your obligations under this subsection include claims arising out of the acts or omissions of your employees, any other person to whom you have given access to the Services and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If you resell the Pathway Services, the grounds for indemnification stated above also include any claim brought by your customers or end users arising out of your resale of the Pathway Services. We will choose legal counsel to defend the claim, provided that these decisions are reasonable and promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defence of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld. You must pay expenses due under this Section as we incur them.
19. THIRD PARTY LICENSE TERMS
In addition to the terms of this Agreement, your use of the Service is governed by the license terms and conditions of use that may apply to any third party software, systems, processes or applications used by Pathway in the provision or delivery of the Services, as modified from time to time by the supplier or vendor of such third party software, systems, processes or applications
If you are a reseller of the Pathway Services, you may resell the Services, provided that in addition to yourself, you bind, to the terms of this Agreement, in writing, the end user to whom you resell the Services. You will, however, be responsible for use of the Services by any end user to the same extent as if you were using the Services yourself. Unless otherwise agreed, Pathway will provide support to such end user to whom you resell the services, consistent with the terms of this Agreement.
All official communications regarding the Pathway Services should be sent to the (i) Pathway Communications Technical Support Team and email@example.com for Service and technical matters and (ii) to firstname.lastname@example.org for all other issues and matters. Paper documents should be sent to: Pathway Communications, 95 Apple Creek Blvd., Markham, Ontario L3R 1C7, Canada. Pathway will send all communications regarding the Services and notices to the individual(s) you designate as your contact(s) on your Service Account either by electronic mail. Notices are deemed received as of the time delivered, or if that time does not fall within a business day ( 9 am to 5 pm - Mondays through Fridays, excluding Federal and Provincial holidays). All notices must be given in the English language, except for you are resident in the province of Quebec, whereupon we will accept and send notices in French.
22. OWNERSHIP OF INTELLECTUAL PROPERTY
Each of us retains all right, title and interest in and to our respective trade secrets, inventions, copyrights, and other intellectual property. Any intellectual property developed by Pathway during the performance of the Services shall belong to Pathway unless we have agreed with you in advance in writing that you shall have an interest in the intellectual property.
23. IP ADDRESSES AND DOMAIN NAMES
Upon expiration or termination of the Agreement, you must discontinue use of the Services and relinquish use of the IP addresses, server names and other facilities or property assigned to you by Pathway in connection with Services, including pointing the DNS for your domain name(s) away from Pathway Services. You agree that Pathway may, as it determines necessary, make modifications to DNS records and zones on Pathway managed or operated DNS servers and services.
If you register, renew, or transfer a domain name through Pathway, Pathway will submit the request to its domain name services provider (the "Registrar") on your behalf. Pathway's sole responsibility is to submit the request to the Registrar. Pathway is not responsible for any errors, omissions, or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar.
You may not assign this Agreement without Pathway's prior written consent. We may assign the Agreement in whole or in part as part of a corporate reorganization or a sale of our business, and we may transfer your Confidential Information as part of any such transaction. Pathway may use third party service providers to perform all or any part of the Services, but Pathway remains responsible to you under this Agreement for work performed by its third party service providers, to the same extent as if Pathway performed the Services itself.
25. FORCE MAJEURE
Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
26. GOVERNING LAW
The Agreement is governed by the laws of the Province Of Ontario, which shall be the exclusive venue for all disputes arising out of the Agreement, and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Pathway or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
If any part of the Agreement is found unenforceable by a court or other tribunal, the rest of the Agreement will nonetheless continue in effect, and we agree that the tribunal may reform the unenforceable part if it is possible to do so, in a manner which is consistent with the material economic incentives of the parties resulting in this Agreement. Each of us may enforce each of our respective rights under the Agreement even if we have waived the right or failed to enforce the same or other rights in the past. Our relationship is that of independent Order ors and not business partners. Neither of us is the agent for the other, and neither of us has the right to bind the other on any agreement with a third party.
The captions in the Agreement are for convenience only and are not part of the Agreement. In the event of a dispute between us regarding the interpretation of applicable law, policies or the AUP, Pathway's reasonable determination shall control. The use of the word "including" in the Agreement shall be read to mean "including without limitation. If you have made any change to the Agreement documents that you did not bring to our attention in a way that is reasonably calculated to put us on notice of the change, the change shall not become part of the Agreement. The Agreement may be signed in multiple counterparts, which, taken together, will be considered one original. Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures shall be deemed to be original signatures.
By accessing or using this site and the facilities, services and software contained herein ("the contents"), you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site or its contents. 1429481 Ontario Inc. o/a Pathway Communications ("Pathway") may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
The entire contents of this site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Pathway, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on this site, including text and/or graphics without the express permission of Pathway. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
Use Of This Site
All software available for download through this website owned and any site operated by Pathway are provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and the end user. Pathway disclaims any responsibility for or liability related to the software.
The software is provided by Pathway "as is" and "with all faults." Pathway makes no representations or warranties of any kind concerning the quality, safety or suitability of the software, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Pathway makes no representations or warranties as to the truth, accuracy or completeness of any statements, information or materials concerning the software that is contained on and within any of the websites owned and operated by Pathway.
Although Pathway has a strict policy of checking all software made available for downloading using currently available technology, you should understand that Pathway cannot, and does not, guarantee or warrant that files available for downloading through this site will be free of infection or Viruses, Worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
There are inherent dangers in the use of any software available for download on the Internet, and Pathway cautions you to make sure that you completely understand the potential risks before downloading any of the software on this site. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software, and Pathway will not be liable for any damages that you may suffer in connection with using, modifying or distributing any of the software.
You assume total responsibility and risk for your use of the contents of this site. Pathway provides the contents, related information, and software "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the Internet generally, and Pathway shall not be liable for any cost or damage arising either directly or indirectly from any use or transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through Pathway or on the Internet generally. Pathway does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
In no event will Pathway be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if Pathway have been previously advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Pathway, its officers, directors, employees, agents, licensors, suppliers and any third party software providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
This Agreement shall be governed by Canadian law.
Pathway Communications, its subsidiaries, affiliates, successors and assigns ("Pathway" and "We"), does not collect personal information about individual users ("You") except when such personal information is provided to us on a voluntary basis. Your privacy is important to Pathway and we are committed to protecting and safeguarding your personal information. Personal information may be gathered from the registration process for subscription or products and services and in connection with content submissions, a contest or sweepstakes registration, postings in discussion areas or other public areas, suggestions, voting/polling activities and transactional areas. We may request personal information from time to time in order to enable you to participate in and enjoy various Pathway product and service offerings.
Personal information is information about an identifiable individual. This includes information about your product and service subscriptions, usage, billing records, credit information and any recorded complaints. Please note that, pursuant to federal privacy legislation, publicly available information - including a directory listing of your name, address, telephone number and electronic address - may be collected, used and disclosed without your consent. The customer's contact information may be used to contact the visitor when necessary and may be shared with other affiliated companies within Pathway who may want to contact our visitors. Only Pathway has access to your personal information.
Collection and Use of Information
We collect and use personal information about you and your use of our products and services and our web sites (the "Information") for the following purposes:
If you choose not to provide the requested information, Pathway may not be able to offer you some of the personalized products and services that depend on this type of information to function.
We may request you to provide additional personal information such as your date of birth, SIN number, health card number or drivers license number. This information is obtained solely for security purposes such as identifying you when you call us with respect to your account and services. You do not have to provide it to us, but if you do, it will help us to ensure that we take instructions with respect to your account only from you.
You consent to our collection from, verification with and communication to, any third party and our use of, the Information for the above purposes. You also authorize these parties to give us the Information. In addition, you agree that we may disclose Information to:
We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you.
Use of "Cookies"
Estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit. Compile aggregate data that will permit content improvements and targeted advertising.
Access to Information
Occasionally, we may or any of our advertisers or partners may host a contest or promotion where it will be your option to enter and your option to provide the requested information. Data collected during a promotion or contest is typically shared with the sponsor or co-sponsor. If you do not want your data to be shared, you can choose not to participate in the promotion or contest. Children under the age of majority must get parental or legal guardian permission before providing any information for contests or promotions.
Pathway may disclose, on a confidential basis, to any third party with whom we have business relations, certain relevant information relating to your dealings with us and our products and services. Pathway does not sell or redistribute your Information. Pathway may enter into third party agreements from time to time for the purposes of providing you with goods and services we think may interest you and may share your Information with these third parties solely for these purposes. We may share Information with potential business partners of, or investors in, Pathway. All such disclosure is made solely under a confidentiality agreement with the third party who is required not to disclose or use the Information for any other purpose other than is necessary to fulfill the agreement with Pathway.
We reserve the right to contact you regarding account status, billing notifications, account renewal, changes to any Pathway product and service offerings, and other matters relevant to the underlying service and/or the personal information collected.
When your Internet account is established with us, your primary email address and subsequent email addresses created by you are automatically subscribed to the following mailing lists:
Pathway has reasonable security measures in place to protect against loss, misuse and interception by third parties. While Pathway cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such occurrences. Pathway assumes no liability for interception, alteration or misuse of information transmitted over the Internet. We will keep your Information in secure data storage in order to safeguard it from unauthorized access. We will keep your Information for as long as it remains necessary or relevant for the identified purposes or as required by law.
You are responsible for the security of your Internet Username and Password. At the time of signing up for new Internet services, Pathway may provide new customers with a standard password that is required to activate the service. Pathway strongly recommends that you do not divulge your Username and/or Password to anyone. You should log out of your browser at the end of each computer session to ensure that others cannot access your personal information and correspondence, especially if you share a computer or are using a computer in a public place.
You should also be aware that when personal information is voluntarily disclosed (i.e. Username, e-mail address, etc.) in the discussion areas or other public areas of the Pathway web sites and the Internet, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control. Pathway cannot ensure and/or warrant the security of any Information transmitted online. You are advised that conveying personal information online is done at your own risk and you remain solely responsible for maintaining the secrecy of Usernames, Passwords and/or any account and/or credit information.
Summary of Privacy Principles
In compliance with the Personal Information Protection and Electronic Documents Act that came into effect on January 1, 2001, Pathway has adopted for the management of personal information of its customers and employees that we collect, use or disclose. These principles are in accordance with the Personal Information Protection and Electronic Documents Act and the ten principles of Canadian Standards Association Model Code for the Protection of Personal Information (the "Privacy Principles").