Terms & Conditions

1. General

These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("Customer," "you," or "your") and 1085459 Ontario Ltd. operating as Kingston Online Services ("KOS," "we," "us," or "our"). This Agreement governs your use of all KOS services, including but not limited to internet access, email, web hosting, domain registration, Voice over Internet Protocol (VoIP) telephone services, and any related products or services.

By subscribing to, accessing, or using any KOS service, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Privacy Policy, and our Acceptable Use Policy, all of which are incorporated herein by reference.

KOS reserves the right to modify these terms at any time. Changes will be posted on our website and will take effect immediately upon posting. Your continued use of KOS services after any modification constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising under this Agreement shall be resolved in the courts of Ontario.

2. Account Billing & Payment

All invoices issued by KOS are due and payable within fifteen (15) days of the invoice date ("Net 15"). Payment may be made by cheque, pre-authorized debit, credit card, or other methods accepted by KOS.

Accounts not paid within the stated terms are subject to a late payment charge of two percent (2%) per month, compounding monthly, which is equivalent to twenty-six point eight two percent (26.82%) per annum. Late payment charges are calculated on the outstanding balance from the date the payment was due.

KOS reserves the right to charge administrative fees of up to fifty dollars ($50.00) for processing returned cheques (NSF), declined credit card transactions, account reinstatement after suspension, or other administrative actions necessitated by the Customer.

All prices are quoted in Canadian dollars and are subject to applicable federal and provincial taxes (HST). KOS reserves the right to change pricing for any service with thirty (30) days' written notice. Price changes will apply from the next billing cycle following the notice period.

If you believe there is an error on your invoice, you must notify KOS in writing within ninety (90) days of the invoice date. Failure to dispute a charge within this period constitutes acceptance of the invoiced amount. KOS will investigate all disputes in good faith and issue corrections where warranted.

KOS may require a deposit or advance payment for certain services or from Customers with a history of late payments. Deposits will be applied to the final invoice upon account closure or refunded after twelve (12) months of on-time payments.

3. Your Responsibilities

You are responsible for all activity that occurs under your KOS account, whether or not authorized by you. You must take reasonable steps to safeguard your account credentials, including your username, password, and any other access information.

You agree to provide accurate, current, and complete information when establishing your account and to update such information promptly when changes occur. KOS may rely on your account information for billing, service delivery, and emergency services (including E911).

You must comply with all applicable federal, provincial, and municipal laws when using KOS services. You must also comply with the KOS Acceptable Use Policy at all times.

You are solely responsible for the security and maintenance of your own equipment, software, and network configurations connected to KOS services. KOS is not responsible for any damage to your equipment, loss of data, or security breaches resulting from your use of the service.

You must not resell, redistribute, or share KOS services with third parties without prior written consent from KOS. Residential service plans are intended for personal, non-commercial use at a single household.

4. KOS Services

KOS provides internet access, email, web hosting, domain registration, VoIP telephone, and related services. The specific features, speeds, and limitations of each service are described in the applicable service plan documentation available on our website or provided to you at the time of subscription.

Internet speed and bandwidth advertised represent maximum potential speeds under ideal conditions. Actual speeds may vary depending on network traffic, equipment, wiring, distance from network infrastructure, and other factors beyond the control of KOS. KOS does not guarantee minimum speeds unless explicitly stated in a service level agreement.

KOS may perform scheduled maintenance, upgrades, or modifications to its network and services from time to time. Where possible, KOS will provide advance notice of planned service interruptions. KOS is not liable for service interruptions caused by maintenance, force majeure events, third-party network failures, or circumstances beyond its reasonable control.

KOS reserves the right to discontinue, modify, or limit any service at any time. If a service you subscribe to is discontinued, KOS will provide reasonable notice and assist with migration to an alternative service where available.

5. Equipment & Software

Certain KOS services may require the use of specific equipment such as modems, routers, or VoIP adapters. Equipment provided by KOS on a rental or loan basis remains the property of KOS and must be returned in good working condition upon termination of the related service.

You are responsible for the care and safekeeping of any KOS equipment in your possession. You may be charged the replacement cost for equipment that is lost, stolen, damaged (beyond normal wear and tear), or not returned within thirty (30) days of service termination.

If you choose to use your own equipment, it must be compatible with the KOS network and comply with applicable Industry Canada and technical standards. KOS is not responsible for troubleshooting or supporting customer-owned equipment and may limit support to verifying that the KOS service is functioning correctly at the network demarcation point.

Any software provided by KOS is licensed, not sold, and may only be used in connection with KOS services. You may not reverse-engineer, modify, or redistribute software provided by KOS.

6. Proprietary Rights

All content, trademarks, logos, service marks, and intellectual property displayed on the KOS website and related materials are the property of KOS or its licensors and are protected by Canadian and international copyright and trademark laws.

You may not reproduce, distribute, modify, create derivative works from, or publicly display any KOS materials without prior written consent. Your subscription to KOS services does not grant you any ownership interest in any KOS intellectual property.

You retain ownership of any content you create, upload, or transmit using KOS services. However, you grant KOS a limited, non-exclusive license to store, transmit, and cache your content as necessary to provide the services you have subscribed to.

7. Privacy & Confidentiality

KOS is committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy.

KOS will not sell your personal information to third parties. We may disclose your information to third parties only as described in our Privacy Policy, including where required by law, to protect the rights or safety of KOS or others, or to provide services you have requested.

KOS may monitor network traffic for the purpose of maintaining network security, managing capacity, and ensuring compliance with these terms and the Acceptable Use Policy. KOS will not monitor the content of your communications except as required by law.

8. VoIP & 9-1-1

Important: VoIP-based 9-1-1 service differs significantly from traditional landline 9-1-1 service. You must read and understand the following limitations before using KOS VoIP service.

KOS VoIP service provides Enhanced 9-1-1 (E911) access; however, this service is dependent on your internet connection being active and functioning. If your internet connection is disrupted for any reason — including power outages, network failures, equipment malfunction, or service suspension — 9-1-1 calls cannot be completed through your VoIP service.

When you make a 9-1-1 call using VoIP, your call is routed based on the service address registered on your KOS account. It is your responsibility to ensure that your registered service address is accurate and up to date at all times. If you move your VoIP equipment to a different location without updating your address, emergency responders may be dispatched to the wrong location.

VoIP 9-1-1 calls may be routed to a national emergency call centre rather than your local 9-1-1 dispatch. There may be a delay in connecting your call. You must be prepared to provide your name, address, and the nature of the emergency to the operator.

You agree to inform all persons who may use your VoIP service of these 9-1-1 limitations. For additional details, please review our E911 Information page.

KOS, its officers, directors, employees, affiliates, and agents shall not be liable for any injury, death, damage, or loss resulting from the inability to access 9-1-1 services through VoIP, the failure of 9-1-1 calls to be properly routed, or any delay in emergency response.

9. Liability & Indemnification

KOS services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

KOS does not warrant that its services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. KOS does not warrant that any information or content obtained through its services will be accurate or reliable.

To the maximum extent permitted by law, the total liability of KOS for any claim arising out of or related to this Agreement or the use of KOS services shall not exceed the greater of: (a) twenty dollars ($20.00); or (b) the fees paid by you to KOS during the period in which the service outage or event giving rise to the claim occurred.

In no event shall KOS be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or loss of goodwill, regardless of the cause of action or the theory of liability, even if KOS has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless KOS, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of KOS services, your violation of this Agreement, or your violation of any third-party rights.

10. Cancellation & Suspension

KOS does not require long-term contracts for most services. You may cancel your service at any time by contacting our office by phone or by submitting a written request. Cancellation will take effect at the end of the current billing cycle, provided that notice is received at least five (5) business days before the end of the cycle.

Upon cancellation, you must return all KOS-owned equipment within thirty (30) days. Failure to return equipment will result in a charge for the replacement cost of the equipment. Any outstanding balance on your account must be paid in full upon cancellation.

KOS reserves the right to suspend or terminate your service without notice if: (a) your account is past due; (b) you violate this Agreement or the Acceptable Use Policy; (c) KOS determines, in its sole discretion, that your use of the service poses a risk to the KOS network, other customers, or third parties; or (d) as required by law.

If your service is suspended for non-payment, an administrative reinstatement fee of up to fifty dollars ($50.00) may be charged before service is restored. KOS is not liable for any loss of data, email, or hosted content resulting from account suspension or termination.

KOS may terminate any service immediately and without notice if required to do so by a governmental authority, court order, or regulatory body.

11. Contact Information

If you have any questions about these Terms and Conditions, or if you wish to contact us for any reason regarding your account or services, please reach out using the information below:

These Terms and Conditions were last updated on January 1, 2025.