G.R.I.P. Network Member Terms & Conditions

Introductory note:

As the G.R.I.P. Network is dependent on an external connection provided by TELUS to provide connectivity to it's members, and as abuse of the network as set out in TELUS' Acceptable Use Policy, such as illegal file sharing, can result in the entire G.R.I.P. Network being disconnected there is zero tolerance for any such abuses!

In Addition, due to the nature of the G.R.I.P. Network we recommend that:

  • Activities with high-bandwidth demands, such as large uploads or downloads, should when possible be done overnight to ease the impact on other network members.
  • Streaming services, such as Slingbox video, Internet Radio, and the like, should be turned off when left unattended. ie: do not leave the stream playing overnight.

At the discretion of the G.R.I.P. Network administration repeated and/or extreme breaches of these recommendations can be used as grounds for discontinuing service.

Please contact us if you have any questions.


The Agreement

This is an agreement between you and Gambier Radio Internet Project Ltd. ("G.R.I.P."). It sets out the terms and conditions (the "Service Terms") that apply to your use of the Internet access services that G.R.I.P. provides (the "Services"), and any equipment provided to you for use with the Services. The Service Terms, together with G.R.I.P. rules and policies applying to the use of the Services, form the agreement between you and G.R.I.P. for the Services (the "Agreement").
By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, "you" refers to the person or business whose name appears on the bill.

Amendments to this Agreement

  1. G.R.I.P. reserves the right to amend these Service Terms, including rates and additional charges, at any time. G.R.I.P. will notify you of amendments to these Service Terms by posting notice of the amendment on www.gambierrip.ca (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that the Service Terms have been amended, directing to where the amendment may be consulted. If you have access to the Internet, it is your responsibility to go to the Service Web Site at least every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments notified to you in accordance with the directions received on your email bill notice. You are not obliged to continue using the Services after an amendment to the Service Terms is made; however, in the event you choose not to accept the changes, your sole remedy is to cancel the Services as per G.R.I.P.'s Cancelation Policy. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Service Terms, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Service Terms.

Your Account

  1. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
  2. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account including, without limitation, all activities of any sub-account holders. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify G.R.I.P. of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to G.R.I.P., as requested, to stop and/or remedy any breach of security.

Customer Information

  1. You agree that the G.R.I.P. Privacy Policy, as it may be updated from time to time, shall apply to your use of the Services.

Billing and Payment

  1. G.R.I.P. may provide you with a bill in electronic format made available to you over the Internet or via e-mail, setting forth the charges incurred for use of the Services. Regularly recurring charges may be billed in advance and charges incurred on a per-use basis are billed in arrears.
  2. The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, including installation and activation fees, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one-time, monthly or per-use basis, as G.R.I.P. may determine from time to time. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.
  3. All bills are due upon receipt. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. G.R.I.P. may require you to make interim payments for non-recurring charges you have incurred in the period between two bills, for such Services as are identified to you with the demand for payment.

Service Limitations

  1. All services are subject to the availability of suitable equipment and facilities and consequently services are not available at all locations.
  2. Final confirmation of service availability for Services cannot occur until the Services equipment is installed at your premises. If such equipment is installed by a G.R.I.P installer, you hereby authorize the installer to disclose to G.R.I.P the necessary information to confirm service availability for your premises.
  3. You are not permitted to operate an e-mail, web, news or other similar server through a Services account, except where such use is expressly permitted.
  4. G.R.I.P. does not guarantee that the Services will operate with all equipment or software including, without limitation, all Internet applications and appliances.
  5. You acknowledge that signal range and penetration of Services' capabilities will depend on factors such as the number and density trees in the networked area and the distance between the wireless access point and your location(s). The Service may be susceptible to interference from other devices such as cordless phones, microwave ovens and electric motors.
  6. You acknowledge and agree that when using Services' capabilities to access the Internet or any other online network or service, there are certain risks that may allow other service users or Internet users to gain access to your computer system or Services account. You should take all appropriate security precautions when using such the Service including, without limitation, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when moving your computer outside of your home network. G.R.I.P. shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of Services' capabilities including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer, network or the contents of your transmissions.

General Practices and Limits

  1. You acknowledge that G.R.I.P. may establish general practices and limits concerning use of the Services including, without limitation, the maximum size of any e-mail message that may be sent from or received by a Services account, the maximum disk space that will be allotted on G.R.I.P.'s servers on your behalf, the maximum amount of data that may be sent from or received by a Services account and the maximum number of days that e-mail messages will be stored on G.R.I.P.'s servers. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in G.R.I.P.'s sole discretion. G.R.I.P. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account, removal of content, information or materials from G.R.I.P.'s servers, or the imposition of additional charges.

High Speed Service Installation

  1. Installation options available for Services will depend upon your Location and your facilities. Not all installation options are available at all Locations.
  2. You authorize G.R.I.P., its employees, agents, contractors and representatives, to enter your premises and access your equipment and software for the purpose of installing, maintaining, inspecting, repairing or removing any equipment or software as reasonably required for the provision of the Services. Access to your premises will be at a time that is mutually convenient for you and G.R.I.P..
  3. In no event will G.R.I.P. be responsible or liable for any claims, damages, losses or expenses including, without limitation, lost wages or missed work, in the event that an installation appointment for the Services is missed, either by G.R.I.P. or by any third party installer.

G.R.I.P. Equipment

  1. You hereby agree not to sell, transfer, lease, assign any interest in, or encumber all or any part of any G.R.I.P.-owned equipment (e.g. wireless gateway, receiver equipment, etc) that has been provided for your use as part of the Services.

Customer Equipment and Software

  1. You agree that G.R.I.P. is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the Services or from other services provided at your premises. G.R.I.P. recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of any Services high speed equipment or software.
  2. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, G.R.I.P. is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the Services.

Support

  1. G.R.I.P. will provide telephone assistance on a reasonable efforts basis, via the telephone number and during standard business hours. Assistance is limited to your problems using the Services and may exclude problems related to certain equipment and software, as specified by G.R.I.P., in its discretion. You acknowledge that charges may apply to certain support services, as specified by G.R.I.P.. G.R.I.P. cannot guarantee the resolution of any particular problem or Services interruption.
  2. You acknowledge and agree that from time to time G.R.I.P. may e-mail updates and notices regarding the Services to you.
  3. During the term of this Agreement, G.R.I.P. will provide on-site support (including, at G.R.I.P.'s option, repair or replacement of equipment that is defective in material or workmanship) for all G.R.I.P.-owned equipment.

Content Warning

  1. You acknowledge that the Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. G.R.I.P. recommends that minors using the Services be supervised by an adult.
    Acceptable Use of the Services

  2. The Services may be used only for lawful purposes.
  3. As the G.R.I.P. Network's gateway to the internet is provided by the TELUS Communications Company ("TELUS"), You agree to be bound by the Acceptable Use Policy as set out by TELUS at http://www.mytelus.com/internet/nv/aup.do as it may be updated from time to time.
  4. Without limiting any of G.R.I.P.' rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, G.R.I.P. may suspend, restrict or terminate your Services account without notice if, in G.R.I.P.'s sole and absolute discretion, you have violated any of the acceptable use rules set out above. You acknowledge and agree that G.R.I.P. shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

Proprietary Rights

  1. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by G.R.I.P., its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
  2. G.R.I.P. does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to G.R.I.P. or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to G.R.I.P. or any third party, using the Services, you have thereby granted G.R.I.P. a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by G.R.I.P. to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
  3. You acknowledge that, except where otherwise specified by G.R.I.P., e-mail addresses, and IP addresses assigned to you by G.R.I.P. during the term of this Agreement remain the property of G.R.I.P. at all times.
  4. You understand that the technical processing and transmission of the Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the Services may be subject to "caching" at intermediate locations on the Internet.

Compliance Measures

  1. You acknowledge that G.R.I.P. has no obligation to censor or monitor use of the Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet. However, you agree that G.R.I.P. has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if G.R.I.P. believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
  2. In the event that G.R.I.P. receives a complaint relating to use of the Services by a customer, G.R.I.P. may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
  3. You agree that G.R.I.P. may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if G.R.I.P. believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

Service Changes

  1. You agree that, to maintain or improve the Services or for other business reasons, G.R.I.P. may change the Services rates, service plan features, e-mail addresses, and any other aspect of the Services at any time, without notice or liability, at G.R.I.P.'s sole and absolute discretion.
  2. Notwithstanding the foregoing, G.R.I.P. will use reasonable efforts to notify you via e-mail, of any material increases in the recurring, regular Services rates for your account.

Disclaimers

  1. You acknowledge and agree that:
    1. All use of the Services is at your own risk;
    2. The Services are provided on an "as is" and "as available" basis;
    3. G.R.I.P. does not guarantee error-free or uninterrupted operation of the Services;
    4. Neither G.R.I.P. nor its suppliers are responsible or liable for loss, deletion or alteration of any transmissions or data including, without limitation, any e-mail messages, for any material or data sent or received or not sent or received, or for any transactions entered into through or using the Services including, without limitation, domain name registrations, renewals and transfers;
    5. G.R.I.P. is not responsible or liable for any act or omission of any third party, including, but not limited to, any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including without limitation intellectual property rights;
    6. Neither G.R.I.P. nor its suppliers are responsible for any content that is transmitted through the networks of G.R.I.P. or others or that is sent, received or accessed using the Services, by you or any third party; and
    7. G.R.I.P. is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of installation or maintenance of the Services.
  2. G.R.I.P. makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services, any other products or services supplied under this agreement or the networks of third parties. G.R.I.P. expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.
  3. The G.R.I.P. web site(s) which you may visit while using the Services may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by G.R.I.P. of such web sites or the information contained therein. G.R.I.P. is not responsible for the contents of any such web sites and makes no representations, conditions or warranties regarding any other web sites. If you decide to access other web sites, you do so at your own risk.

Limitation of Liability

  1. In the event of any material breach of this agreement by G.R.I.P., your exclusive remedy shall be to receive payment from G.R.I.P. for your actual and direct damages resulting from such breach, to a maximum amount equal to the lesser of one hundred dollars ($100) or the total fees paid hereunder by you to G.R.I.P. during the three (3) months immediately preceding the relevant breach.
  2. Except as set out above, in no event shall G.R.I.P., its, affiliates and their respective officers, directors, agents, employees, and suppliers (collectively, the " G.R.I.P. entities" and each, a " G.R.I.P. entity") be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever including, without limitation, damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to this agreement or the Services, regardless of the cause of action and even if one or more of the G.R.I.P. entities have been advised of the possibility of such damages or losses including, but not limited to, damages or losses arising from or in any way related to the following:
    1. The performance of the Internet;
    2. The content or accuracy of any material, information or data (including without limitation any software) viewed, downloaded, accessed or transmitted over or through the Internet or the Services including, without limitation, material which infringes the rights of others or otherwise violates laws or regulations;
    3. The viewing, downloading, transmitting, accessing, purchasing or by any other means acquiring any information, material, product or service accessible through the internet or the Services;
    4. Delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses or defects in the transmission of any information, material or data over or through G.R.I.P.'s systems or networks or the systems or networks of third parties; and
    5. Installation or maintenance of the Services, by you, G.R.I.P. or third parties.
  3. Some jurisdictions do not allow the disclaimer of certain warranties or conditions or the limitation of certain types of liability so some of the disclaimers and limitations in this Agreement may not apply to you.

Indemnity

  1. You agree to indemnify and hold harmless each of the G.R.I.P. Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable G.R.I.P. Entity, which result from or relate to:
    1. access to or use, by you or any third party, of your Services account; or
    2. any of your acts or omissions including, without limitation, breach or non-performance of this Agreement and any violation of third party rights.

Term and Termination

  1. Unless otherwise agreed, you may terminate this Agreement at any time by as set out in G.R.I.P.'s Cancelation Policy as may be updated from time to time.

General

  1. The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without G.R.I.P.'s prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of G.R.I.P. to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon G.R.I.P..




Creative Commons License
G.R.I.P. Network Website by Gambier Radio Internet Project is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 2.5 Canada License.


Test Site is powered by Drupal and K2
RSS Entries