Usage Agreement

Please read the following document carefully and completely. By signing up for, commencing to use and continuing to use the Internet services offered by Genesis Networks Inc. as detailed in this Agreement, you are considered to have consented to be bound by the terms of this entire Agreement, whether or not you have read this entire Agreement.

The Agreement: This Internet Subscriber Agreement between Genesis Networks Inc., hereinafter called “GNI” and you, hereinafter called the “Subscriber”, consists of Internet services as offered by GNI and by the Subscriber’s selection of a specific Broadband Package during the process of registration using the Genesis Network Inc. Broadband Internet Sign Up Form document. The Subscriber is solely responsible for all actions taken with regard to the account and will be held responsible for any violations of the Terms and Conditions as set forth in this Internet Subscriber Agreement. As such, the Subscriber must be of the age of majority according to the laws of Manitoba in order to apply for services offered by GNI.
The Term: This Agreement will come into effect upon the installation and activation of the Subscriber’s connection. This Agreement commences on the date that the Subscriber first receives service and the duration of the Agreement is 36 months unless otherwise noted on the Sign Up form the customer signed and returned to GNI. The Agreement will automatically renew for one year at a time after the initial term has expired unless the customer or GNI cancels the Agreement. The Agreement renewal will automatically bring into effect any package- and/or pricing changes that have occurred since the orignal Agreement was signed.
Internet package upgrade: The Subscriber can upgrade his/her Internet package at any time by requesting, completing and returning a new Sign Up Form provided by GNI. The new package pricing and features will come into effect with the subsequenct billing cycle.
Internet package downgrade: The Subscriber can downgrade his/her Internet package at any time by requesting, completing and returning a new Sign Up Form provided by GNI. The new package pricing and features will come into effect with the subsequenct billing cycle.
Provision of Services: GNI’s services are defined as the use by the Subscriber of all public Internet services provided by GNI and access to public Internet services provided by other public networks. As per the services detailed in the Broadband Package selected by the Subscriber during the process of registration using the sign-up form, and where wireless signal strength is available and deemed adequate by a GNI technician, GNI agrees to provide those services on its computing and network systems and the necessary electronic equipment to the Subscriber in exchange for payment of fees and the Subscriber’s compliance with the Terms and Conditions set forth in this Agreement.
Standard installation included with Broadband Packages: Each package includes a network activation fee that includes the provision, installation and configuration of equipment as specified on the Broadband Internet Sign Up Form. Whenever possible, GNI will notify the Subscriber of anticipated additional costs before proceeding with the installation.
Description of Equipment included in the Broadband Packages: description of the equipment GNI will rent to the Subscriber in order to provide them with service is detailed in the Broadband Internet Sign Up Form.
Equipment NOT included with the Broadband Packages: In the event that special construction or additional equipment or materials, including but not limited to: custom-length network cabling, weather-proof CPE enclosure, additional grounding, computer network card (NIC), router, roof-mounted pop-up pole, tower, mast hardware and/or guy wires, is or are required to provide the Subscriber with safe and reliable service, the Subscriber agrees to pay for the additional equipment costs, which become the property of the Subscriber upon GNI’s receipt of full payment. Whenever possible, GNI will notify the Subscriber of anticipated additional costs before proceeding with the installation.
GNI’s Ownership of Equipment and Addresses: All standard wireless equipment as described above, except for equipment purchased and paid for in full by the Subscriber and explicitly detailed as such on GNI’s invoice to the Customer at the start of the term of the Agreement, remains at all times fully owned by GNI for the duration of this Agreement and beyond. The Subscriber may not at any time sell, transfer, encumber or lease the equipment to any third party. As sole owner of the wireless equipment, GNI also remains fully responsible for the final removal of it’s equipment at the end of the Subscriber’s Agreement term, as well as any equipment maintenance or equipment repairs that arise due to normal use of the equipment, all of which will be performed by GNI or by persons authorized by GNI to perform the specified work. GNI reserves the right to conduct regular maintenance and inspections on it’s equipment. The Subscriber will be notified in advance of a site visit by a GNI technician and a suitable time for the site visit will be arranged and agreed upon by both parties. All non-tangible items supplied by GNI to the Subscriber, such as but not limited to: network addresses (IP addresses) and e-mail addresses also remain wholly owned by GNI at all times. Changes to those non-tangible items may take place at any time and at the sole discretion of GNI.
Subscriber’s Responsibility for GNI’s Equipment: The Subscriber is responsible to insure GNI’s radio equipment for a replacement value of $650 (six hundred and fifty dollars). The Subscriber is responsible for theft, loss or damage to GNI’s equipment. The Subscriber will be billed at standard hourly rates for any labour and/or equipment costs incurred by GNI in the event that the equipment requires attention by GNI such as but not limited to: antenna re-aiming, antenna replacement, cabling modifications, mast reconstruction and/or equipment replacement. In the event that the Subscriber wants to move, remove or add equipment to any part of the wireless equipment belonging to GNI, the Subscriber must first notify GNI of intention and request permission before undertaking any action affecting the equipment. At it’s discretion, GNI reserves the right to perform the action on behalf of the Subscriber, which will be billed to the Subscriber at standard hourly rates. The Subscriber is responsible for any repairs to his or her property that are required as a result of the removal or moving of the equipment, including but not limited to the patching of bolt holes in shingles or siding as a result of mounting an external antenna on the outside of the building.
Equipment and installation warranty: GNI provides replacement warranty on it’s radio at the Subscriber’s site for a maximum period of 36 months following initial installation providing the Internet radio has failed due to non-external factors. GNI provides replacement warranty for a non-integrated antenna for a period of one (1) year following initial installation providing the antenna has failed due to non-external factors. GNI provides a six (6) month warranty for the initial installation itself, providing the installation has failed due to non-external factors, ie. not using enough height or a sensitive enough antenna to ensure proper reception. After the warranty period expires, the customer agrees to pay retail cost for the equipment and standard hourly on-site rates for labour for equipment or work done at the Subscriber’s location.
Subscriber’s Responsibility for Computer Equipment: The Subscriber is fully responsible to ensure that the Subscriber’s computer equipment is in good, stable working condition prior to the installation of the Service and that the computer meets or exceeds the current minimum hardware and software requirements for high speed Internet service. In the event that future upgrades of services provided by GNI render the Subscriber’s computer or network less than adequate to take advantage of the new level of service, it is the Subscriber’s responsibility to upgrade or replace that aspect of the Subscriber’s equipment which has proven inadequate at the new level of service.
Payment of Fees and Charges: Current fees and charges for the services offered by GNI are detailed in the Broadband Package selected by the Subscriber during the process of registration using the sign-up form. The Subscriber acknowledges that GNI’s rates are subject to change, however, the Subscriber’s rates will remain unchanged during the Subscriber’s current term of agreement for service. The monthly recurring service fee is subject to change upon thirty (30) days notice from GNI to the Subscriber via GNI’s website at www.GenesisNetworks.ca or via e-mail directly to the Subscriber.
Initial Billing Policy: Payment for the Network Activation fee is due along with the Genesis Network Inc. Broadband Internet Sign Up Form, both of which need to returned to the GNI technician at the time of installation. All other one-time costs incurred by the Subscriber, including but not limited to the sections: additional labour, and the purchase by the Subscriber of additional equipment such as a network card, roof-mount tripod and/or mast, will be billed to the Subscriber at the time of network service activation and be payable subject to the terms detailed in the section entitled “Payment Policies and Terms”.
Payment Policies and Terms: GNI will invoice the Subscriber for the upcoming month of service via e-mail within the first full calendar week of the preceding month, ie. the August invoice will be e-mailed to the Subscriber during the first full week of July. GST, PST and any other applicable taxes will be added to each invoice on all one-time, monthly and additional fees. All fees, charges and taxes are payable in full to “Genesis Networks Inc.” by the Subscriber, who agrees not to deduct any amount owed to GNI as detailed in this Agreement. The Subscriber agrees to pay each invoice by no later than the due date indicated on the invoice.
Not Sufficient Funds (NSF) for Credit Cards: If the Subscriber’s automatic pre-authorized credit card payment is declined and the Subscriber does not provide GNI with updated card information, GNI will attempt a manual credit card debit of that same card within 5 business days of the first attempt. If the manual attempt also fails, a notification of the NSF will be sent to the e-mail account GNI has on file for the Subscriber, along with a request for updated credit card information or an alternative form of payment. GNI, at it’s sole discretion, reserves the right to charge a $25 penalty for credit card NSF payments.
Not Sufficient Funds (NSF) for Pre-authorized Bank Account Withdrawls (CAFT): If the Subscriber’s automatic pre-authorized bank account (CAFT) payment is declined, GNI will apply a $25 NSF charge to the Subscriber’s account. An e-mail notification of the NSF, and an invoice for the NSF charge, will be sent to the e-mail account GNI has on file for the Subscriber. The following month, GNI will attempt to charge the current month’s payment, the past-due month’s payment and, if applied to the Subscriber’s account, the applicable NSF penalty.
Overdue Accounts: Overdue notices will be sent to the e-mail account GNI has on file for the Subscriber within 14 days after the Due Date on the Subscriber’s statement. A mailed statement and warning to settle the account will be mailed within 21 days after the Due Date on the Subscriber’s statement for service. Delinquent accounts in excess of 30 days will have their Internet service speed slowed down until GNI receives full payment of all outstanding invoices. Delinquet accounts in excess of 45 days will have their Internet service disconnected. GNI will charge a $25 account re-activation fee for those accounts where it has been forced to disconnect Internet service, payable before service is restored. If the delinquent Subscriber does not bring the account balance current within 7 days of Internet service suspension, GNI will dispatch an installer to go to the Subscriber’s service site to retrieve GNI’s equipment. Any unpaid open accounts 60 or more days in arrears will, at GNI’s sole discretion, be handed over to a collection agency.
Monthly Bandwidth Usage: The Internet service package selected by the Subscriber during the Sign-up process determines the bandwidth amount (the collective total amount of upload and download traffic) that the Subscriber is entitled to for a calendar month. In the event that the Subscriber exceeds the monthly throughput limit associated with the Broadband Package selected by the Subscriber during the process of registration using the Sign-up form, GNI reserves the right to implement service level downgrades and/or service disconnection for the Subscriber’s account for the balance of the month if the Subscriber exceeds the monthly throughput limit associated with the Subscriber’s selected Broadband Package. GNI reserves the right to charge the Subscriber a fee of $1/GB of bandwidth over the Subscriber’s monthly limit. This cost is subject to change at any time. At GNI’s discretion and providing that the Subscriber’s account balance is in good standing, the Subscriber’s service level will be returned to it’s normal threshold at the start of the subsequent month.
IP Address: Each Subscriber computer or firewall/router will be configured to receive one dynamically assigned private IP address. Fixed publicly routable IP address are available as an option or as included with several of the monthly plans. Check the “Plans and Pricing” page for details.
Guaranteed Level of Service: GNI will provide the Subscriber with best-effort Internet connection services. Occasional connection performance decreases due to heavy network traffic are normal and will be monitored by GNI to assure a return to normal performance levels within a reasonable time frame. Whenever possible, GNI will inform the Subscriber via e-mail of scheduled system outages and the anticipated length of service outage time. Since occasional system outages are considered inevitable, they do not automatically qualify the Subscriber’s right to invoke the Termination of Services provision as outlined in the section entitled “Termination of Services”.
Download/Upload Speed: Actual “bursteable” Internet accounts, ie. non-dedicated bandwidth accounts, may experience variable Internet speeds. These variations are dependant on several conditions, such as the speed of the customer’s computer and/or network, current GNI network usage and the speed of the network and server the customer is connecting to.
Standard Maintenance: GNI’s connection point ends at the network connection on the LAN side of the wireless radio located at the Subscriber’s site. Any trouble beyond GNI’s network or equipment is the full responsibility of the Subscriber. Standard maintenance is limited solely to GNI’s network and backbone connectivity. If the Subscriber’s connection ceases to function properly after it has been tested and shown to be working by a GNI technician, but GNI’s network continues to function properly, a technician will be sent to troubleshoot during normal business hours, between 08:00 and 17:00, Monday through Friday, as per the response time that corresponds to that customer’s account. If the problem is due to Subscriber negligence, or any of those items listed in the “Subscriber’s Responsibility for Equipment” section, standard hourly rates apply and will be invoiced to the Subscriber. If the problem proves to be due to GNI’s equipment or service, the Subscriber will not be billed for the labour or equivalent equipment repair- or replacement costs required to restore service to the Subscriber.
Termination of Services: The Subscriber may terminate this Agreement by submitting in writing a request for termination via e-mail, fax or Canada Post to GNI no fewer than seven (7) days before the beginning of the upcoming calendar month. If the Subscriber requests service cancellation with less advance notice than seven (7) days before the beginning of the upcoming calendar month, the Subscriber will be billed for the next month’s service. Any ‘@GNInc.ca’ e-mail address used by the Subscriber will be canceled on the date GNI terminates the Subscriber’s service. No further e-mails coming to that address will be stored or forwarded on the Subscriber’s behalf. A Subscriber who requests service termination before having fully fulfilled the initial Agreement Term as detailed on the Sign Up Form for that Subscriber and the specific service location, are subject to an Early Termination Fee. This Fee will be equal to the Subscriber’s current monthly service fee multiplied by the number of months remaining in the term of the Agreement at the time of the Subscriber’s request for service termination. The Subscriber acknowledges that the termination fee is a genuine estimate of GNI’s liquidated damages and is not a penalty, and is not in substitute for any other right GNI may have at law or in equity. In the event of termination of services under this provision by the Subscriber, all amounts remaining due and owing to GNI including the aforementioned termination fee, shall be due within thirty (30) days of termination. The Account of a Subscriber who has terminated Internet service is subject to the sections entitled “Payment Policies and Terms” and “Overdue Accounts”. If GNI is unable to resolve performance-related problems as per GNI’s standards with it’s equipment service within fourteen days of being notified via phone, e-mail, fax or Canada Post by the Subscriber, the Subscriber has the right to terminate this Agreement without being subject to a Termination Fee. If the Subscriber ceases to reside within the service coverage area provided by GNI during the term of this Agreement, the Subscriber has the right to terminate this contract. Upon termination of this Agreement, the Subscriber must inform GNI of the reason(s) for termination and authorizes GNI to retrieve from the Subscriber’s premises all equipment belonging to GNI, as per the sections entitled “GNI’s Ownership of Equipment” and “Subscriber’s Responsibility for Equipment”. GNI may, on thirty (30) days prior written notice to the customer, terminate all or any of it’s services, for whatever reason. GNI may at it’s own discretion, due to the destruction or extensive damage to it’s equipment due to a catastrophe, or for any other reason, discontinue the provision of the Services to the Subscriber, in which case the Subscriber will be refunded for full months (excluding the then-current partial month) already paid to GNI for Services the Subscriber will not receive from GNI.
Use of Material: The Subscriber assumes all risks and full sole responsibility associated with received or transmitted material using GNI’s network, including but not limited to: copyright restrictions, trademark restrictions, service mark restrictions, confidentiality limitations, trade secrets, patent restrictions or any other intellectual property tangible or intangible rights associated with the material. The Subscriber also undertakes full responsibility of user ID’s and passwords used by the Subscriber to access GNI’s network services or networks services located outside of GNI’s network.
Use and Abuse of Services: The Subscriber is expressly prohibited from reselling, sharing or distributing in any form Internet services provided by GNI under this Agreement. The Subscriber understands and agrees that this service may be utilized solely for lawful purposes and the use of this service for anything which violates municipal, provincial or federal laws or regulations is expressly prohibited. The Subscriber agrees that the use of the services herein shall not infringe upon the use by other subscribers of GNI or the wireless network. The Subscriber is prohibited from sending by any electronic means unsolicited bulk mail messages (known as “spam”) to other GNI subscribers, or to any individuals, organizational entities or corporations outside of the GNI computer network. Any use of the GNI infrastructure that disrupts the normal use of the system for other subscribers is considered to be an abuse of services. The propagation of computer worms or viruses or the use of the network to make unauthorized entry to other computers or networks is a violation of this Agreement. The electronic transmission of harassing e-mails, threats and hoaxes such as- but not limited to virus hoaxes, constitute a violation of this Agreement. The Subscriber may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for the Subscriber, logging into a server or account the Subscriber is not expressly authorized to access, probing the security of other networks or interfering with service to any user, host, or network. This includes, but is not limited to, deliberate attempts to overload a service and attempts to crash a host. Users who violate systems or network security may incur criminal or civil liability. GNI will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. If the Subscriber violates any provision of this section, GNI, at its sole discretion, may immediately suspend services to the Subscriber and terminate this Agreement. GNI’s liability for termination of this Agreement under this provision shall be solely limited to a refund to the Subscriber of any unearned prepaid service fees. GNI shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision. GNI reserves the right to restrict or terminate services without refund in the event of a Terms and Conditions violation, and reserves the right to take action on abuse which is not specifically named in this Terms and Conditions at it’s sole discretion.
Indemnification/Release: The Subscriber expressly agrees to indemnify and release without limitation GNI, it’s affiliates, subcontractors, employees, agents, assigns or successors from any liability for any claims, losses, actions, damages, suits, or proceedings arising out of or otherwise related to Subscriber’s installation of, use of, or termination of GNI’s services. GNI does not guarantee that it’s services will be uninterrupted or free of error, and by requesting service, the Subscriber understands and holds harmless GNI for scheduled, unscheduled and/or unannounced service outages which may not be promptly restored. GNI makes no express or implied warranty of any kind of merchantability or fitness for a particular purpose for the services to be provided by GNI. GNI makes no attempt to verify accurate receipt of any e-mail message or electronic data of any kind and is not responsible for any loss of data resulting from delays, non deliveries, incorrect deliveries or service interruptions, including those caused by the negligence, errors, or omissions of GNI, nor for consequential damages, regardless of their cause.
Disclaimer: GNI assumes no responsibility for the content contained on the Internet or otherwise available through the wireless network or from any source accessible via GNI’s services. GNI discloses and the Subscriber acknowledges that there is content on the Internet or otherwise made available through the services provided by GNI that is offensive. The Subscriber acknowledges to GNI that it’s use of GNI’s services to access any and all kinds of information, content or other services is at the Subscriber’s own risk and discretion.
Severability: If any part of this Agreement is incapable of being enforced because of any rule of law or public policy, all other conditions and provisions of this Agreement nevertheless will remain in full force and effect. Upon determination that any term or provision is incapable of being enforced, this Agreement will be amended in order to achieve the parties’ original intention as closely as possible.
Governing Law: This Agreement is made and will be interpreted in accordance with the laws of the Province of Manitoba, Canada.
Entire Agreement: The Subscriber agrees to comply with the terms governing use of the GNI network, as set forth in this document, “Internet Subscriber Agreement – Terms and Conditions”, as they may change from time to time. Any changes to the terms governing the use of GNI’s network will be posted on the GNI website at www.GenesisNetworks.ca. If any part of the Agreement is held to be invalid or unenforceable for any reason, the remaining Terms and Conditions of this Agreement will continue to remain in full force and effect. The use of GNI’s services constitutes understanding and Agreement of this policy by the Subscriber.