Table of Contents
TERMS & CONDITIONS OF SERVICE
Thank-You for choosing Galaxy Fibre, a division of Galaxy Broadband Communications, Inc.
The Service includes any services that you subscribe to or receive from Galaxy as specified on your Retail Subscriber Agreement, services you submit through an online order and/or any telephone order that is confirmed by email or other form. The services selected will be the services provided by Galaxy for the duration of the Term (as defined below) unless otherwise agreed by you and Galaxy in writing. Galaxy cannot guarantee performance of the Services, including upload or download speeds. The speed will vary depending on location, weather, wiring, internet traffic, content of a particular website, program or application, as well as overall performance and configuration of your computer or local network. Multiple concurrent users may reduce speeds and performance. Galaxy shall not be liable for any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service. Galaxy nor any of its content or service providers is responsible or liable to you for any software, content or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content or services. All such software, content or services is accessed or transmitted solely at your own risk.
Included in the fees paid for the Service, Galaxy shall provide you with telephonic or email technical support during Galaxy’s business hours as posted on the Galaxy website.
This Agreement is effective as of the date your account is created with Galaxy and the Service is activated and will continue for the minimum number of months specified on your signed Retail Subscriber Agreement, as selected on an online order and/or any telephone order (the “Term”). Upon expiry of the Term, the Service will continue on a month-to-month basis until terminated in accordance with this Agreement. You may choose to renew your subscription for another Term after the initial Term is completed (“Renewal Term”) and the then current form of this Agreement will apply to such Renewal Term. If you choose not to subscribe for another Term your monthly service will continue to be billed at the then current month-to-month rate until terminated by you in accordance with this Agreement.
Termination of Access to the Service:
Galaxy may, in its sole discretion, terminate or suspend your access to all or any part of the Service at any time, with or without notice, for any reason, including, without limitation, non-payment of and/or breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of the Service or access to the Service by others, may be grounds for termination of your access to all or part of the Service at the sole discretion of Galaxy.
If you would like to cancel before the initial Term is complete you will be charged a termination fee (“Early Termination Fee”). The Early Termination Fee is the amount of fees owing for the remainder of the Term (the monthly fee for your selected service plan times the number of months remaining). Requests for cancellation will not be processed unless the request is received by Galaxy in writing to firstname.lastname@example.org or over the phone to our toll free number as posted at www.galaxyfibre.ca. If a request to cancel is not received before end date of a contract term, the Service will automatically be renewed on a month-to-month basis.
If you received a promotional offer, including rebates or free months of service, you must maintain a service subscription for the minimum contract period that is required by Galaxy to receive the promotional offer. If you cancel the Service before the minimum contract period has been completed, you are required to pay Galaxy the value of the promotional offer in addition to any applicable Early Termination Fee.
Charges for services will commence on the date that the Service is activated or related equipment is activated. The monthly fees for Services will be invoiced at the beginning of each month for that month (usage-based services will be billed in arrears) and are payable when due. Invoices will be made available to you in an electronic format by logging into your account at our website. Where you have designated one of the following payment options on your signed Retail Subscriber Agreement, as selected on an online order and/or any telephone order: 1) credit card or, 2) debit card or pre-authorized payment, you hereby authorize us to charge that credit or debit card or debit that financial institution account, for each invoice on your account. If your account is past due it is subject to a late payment fee. Delinquent accounts may be suspended or cancelled at the sole discretion of Galaxy however your monthly service charges will continue until your account has been cancelled according to the Cancellation term. A suspended account is subject to the $49.95 processing fee. Payments returned from the bank or credit card company for insufficient funds are subject to a $20.00 service charge. If you are purchasing used equipment, you are responsible to pay all outstanding balances before the system can be re-activated.
Some Services may require installation and access to your home. You authorize Galaxy and our agents to access your home or any premises where Services are provided, at a time scheduled with you, to install, inspect, repair, test or maintain Galaxy-owned equipment connected to our network. If you live in a condominium, townhouse, apartment or other form of multiple-dwelling or rental unit, it is your responsibility to obtain the required authorization and access to the building utility room from the condominium board, landlord or other authorized owner for the purposes of service installation. Galaxy, its agents, employees, representatives, or contractors have no liability for any damage to or loss or destruction of any of your hardware, software, files, data, or any other real or personal property. It is your responsibility to backup all existing files.
Subject to your right to unsubscribe under applicable law, you agree to receive electronic communications from Galaxy to the email address provided on the Retail Subscriber Agreement, as provided on an online order and/or any telephone order as it pertains to Canada’s Anti-Spam Legislation (CASL).
If your Service includes a rental modem or equipment included in a service plan or priced separately (“Rental Equipment”), Galaxy is renting this equipment to you “as is”. A refundable deposit for Rental Equipment may be required by Galaxy. You agree to continue to make payments to Galaxy for the Service up to the time of termination of this Agreement, regardless of any claims you assert against the manufacturer or supplier of any Rental Equipment. Galaxy is not liable to you for any loss, cost, expense or damage of any kind caused directly or indirectly by the Rental Equipment or the use, operation, ownership or maintenance of the Rental Equipment or for any loss of business damages whatsoever or however caused. Notwithstanding the foregoing, Galaxy agrees to repair or replace, as the case may be, at Galaxy’s expense, any Rental Equipment which malfunctions under conditions of normal use. You agree to return any Rental Equipment to Galaxy upon termination of the Agreement. The cost of returning Rental Equipment to Galaxy is your responsibility and must be completed within 30 days of deactivation of the Service. Rental Equipment must be returned complete with no major damage other than normal wear and tear. If the Rental Equipment is lost or damaged beyond repair or is not returned, you are responsible to pay Galaxy for the full published retail price of such Rental Equipment at that time. For greater certainty, the Rental Equipment shall at all times remain the sole and exclusive property of Galaxy. You do not acquire through this Agreement or by payment of any fees under this Agreement any right, title or interest in or to the Rental Equipment, except the right to possess and use the Rental Equipment for the Term, provided you are not in default under this Agreement.
Purchased equipment is covered by a 12-month warranty, under normal conditions of use and maintenance. Normal time frame for replacement is 10 days from the time the Rental Equipment is confirmed defective by Galaxy. This warranty does not cover labour or installation charges that may be required to replace the defective Rental Equipment or component thereof. The replacement parts will be under warranty for 90 days following delivery or the remainder of the initial warranty period, whichever is greater. Galaxy is not liable for loss of data contained or stored in any returned equipment.
Intellectual Property Rights:
Galaxy, or its third-party licensors, own the intellectual property rights in the Service including, without limitation, all rights in user interfaces, design documents, test plans and scripts, technical specifications, manuals, operating procedures and other user documents. Except as otherwise provided herein, nothing in this Agreement vests or transfers any intellectual property rights in or to you and any use, alteration, or replication of any of Galaxy’s intellectual property is a violation of this Agreement and applicable Canadian and international intellectual property laws. You agree to not take any action to jeopardize, limit or interfere with Galaxy’s intellectual property rights.
Protection of System:
Galaxy reserves the right to: (a) turn off any system operating on the network for an indefinite period in order to comply with governmental requests; (b) to the extent required by law, intercept traffic on the network and route it to Government law enforcement agencies; (c) suspend or deny Service to any system found to be interfering with satellite communications; or (d) disclose any information as necessary to satisfy any law, regulation or other governmental or court request.
Please note that Galaxy reserves the right to monitor and review all communications and data available through the Service for the purposes of managing the Service, investigating incidents, and adding functionality. By accessing the Service, you are expressly consenting to these monitoring activities.
Privacy and Confidentiality:
Peer 2 Peer Traffic:
Peer 2 Peer file sharing protocols are not actively supported within the Service. Galaxy offers no assistance in attempting to use these protocols.
If your account is in good standing and you currently subscribe to eligible Services, you may request seasonal hold of your Services for periods of not less than 30 days. Seasonal holds can be requested once per calendar year of your Term with a maximum of 6 months on hold per calendar year. Requests for seasonal suspension and reactivation can be made by email to email@example.com or over the phone to our toll free number as posted at www.galaxyfibre.ca. Service will automatically be reactivated and billed the monthly rate for Services 6 months after the hold is requested. Period of time service is on hold will be added to contract end date to complete the Term.
Neither Galaxy nor you shall be liable to the other should its performance under this Agreement be prevented, restricted or interfered with by reason of any circumstance or event beyond the reasonable control of the party so affected. A force majeure event includes (i) acts of God, such as fire, flood, earthquake or other natural cause; (ii) terrorist events, riots, insurrections, war, pandemic, epidemic, or national emergency; (iii) strikes, boycotts, lockouts or other labour difficulties, (iv) the lack of or inability to obtain permits or approvals, necessary labour, materials, energy, components of machinery, telecommunication ground failures; (v) satellite or transponder failure, and (vi) judicial, legal or other action of any Governmental Authority.
You shall not assign any of the rights or obligations under this Agreement without the prior written consent of Galaxy. Galaxy may freely assign its rights and obligations under this Agreement.
This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario. Please note that your rights and remedies may vary by province or territory. You irrevocably submit to the jurisdiction of the courts of the Province of Ontario, and irrevocably waive any objection at any time to the venue or convenience of forum of any suit, action or proceeding arising out of this Agreement brought in any such court.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Unless otherwise provided herein, these Terms together with the Retail Subscriber Agreement, Acceptable Use Policy and any applicable order(s) set forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersede all prior agreements or understandings pertaining to the subject matter hereof.
The provisions of this Agreement are severable from each other. If any provision of this Agreement is held to be invalid or unenforceable, it shall be revised to reflect as closely as possible its originally intended meaning, and the validity or enforceability of any other provisions in this Agreement will not be affected.
DISCLAIMER OF WARRANTIES, LIABILITY AND RESPONSIBILITY:
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER GALAXY NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES GALAXY OR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICE IS DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND INCAPABLE OF, EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN PARTICULAR, BECAUSE GALAXY MAY PROVIDE YOU WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE SERVICE, WHICH CONTENT MAY BE ORIGINATED BY INDEPENDENT PUBLISHERS AND/OR PROVIDERS AND WHICH CONTENT IS NOT AUGMENTED BY GALAXY, GALAXY CANNOT AND DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION AS ORIGINATED BY SAID INDEPENDENT PUBLISHERS AND/OR PROVIDERS, AND GALAXY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY ERRORS, OMISSIONS, OR INACCURACIES RELATING THERETO. IF DEFECTIVE, YOU – NOT GALAXY, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER – ASSUME THE CONSEQUENCES RESULTING THEREFROM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GALAXY, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR ANY THIRD-PARTY CONTENT PROVIDER SHALL CREATE ANY WARRANTY IN OR TO THE SERVICE OR THE CONTENT THEREIN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GALAXY, ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED THROUGH THE USE OF THE SERVICE. THE AGGREGATE LIABILITY OF GALAXY, ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY AND WILL IN NO CASE EXCEED THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT IN THE PREVIOUS TWELVE (12) MONTHS.
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS GALAXY, AND ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS, FROM AND AGAINST ALL THIRD PARTY CLAIMS, DEMANDS, DAMAGES, LOSSES, EXPENSES, COSTS (INCLUDING LEGAL FEES ON A SOLICITOR AND OWN CLIENT BASIS), FINES, AND PENALTIES SUFFERED OR INCURRED BY GALAXY RESULTING FROM OR CONNECTED WITH YOUR USE, MAINTENANCE, OPERATION, OR POSSESSION OF THE RENTAL EQUIPMENT AND YOUR USE OF THE SERVICE OTHER THAN IN ACCORDANCE WITH THIS AGREEMENT GENERALLY, OR OTHERWISE RESULTING FROM ANY NEGLIGENCE OR WILLFUL MISCONDUCT BY YOU (OR ANY PARTY FOR WHICH YOU ARE AT LAW RESPONSIBLE).
INQUIRIES: Questions about this Agreement should be directed to firstname.lastname@example.org.
ACCEPTABLE USE POLICY (AUP)
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND THIS AUP, AS AMENDED FROM TIME TO TIME, YOU SHOULD IMMEDIATELY STOP USING THE SERVICE AND NOTIFY GALAXY THAT YOU ARE TERMINATING THE SERVICE.
Without limitation, you may not use (or allow anyone else to use) the Service to:
- use, possess, post, upload, transmit, disseminate or otherwise make available content that is unlawful or violates the copyright or other intellectual property rights of others (as described in more detail below);
- participate in any illegal soliciting or gaming schemes;
- attempt to use the Service in such a manner so as to avoid incurring charges for usage;
- participate in any fraudulent activities, including impersonating any person or entity or forging anyone else’s digital or manual signature. You assume all risks regarding the determination of whether material is in the public domain;
- access the Internet via the Service using Internet Protocol (IP) addresses other than the IP address(es) assigned to you by Galaxy;
- invade another person’s privacy, collect or store personal data about other users, or stalk or harass another person or entity;
- access any computer, software, data or any confidential, copyright-protected or patent-protected material of any other person, without the knowledge and consent of that person, or use any tools designed to facilitate access, such as “packet sniffers”;
- upload, post, publish, deface, modify, transmit, reproduce, distribute in any way or otherwise make available information, software or other material protected by copyright or other proprietary or contractual right (such as a non-disclosure agreement) or related derivative works, without obtaining permission of the copyright owner or rightsholder;
- use, reproduce, distribute, sell, resell or otherwise exploit the Service or content Galaxy provides or which you obtain through the Service for any commercial purposes;
- copy, distribute, sub-license or otherwise make available any software or content Galaxy provides or make available to you or which you obtain through the Service, except as authorized by Galaxy;
- alter, reproduce, or tamper with the Service or any function, component or identifier of your Rental Equipment, such as the Electronic Serial Number (ESN) or the International Mobile Equipment Identity (IMEI) that is not meant to be altered, reproduced or tampered with;
- restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Internet, the Service or any equipment used to connect to the Service, or create an unusually large burden on Galaxy’s networks or third party networks for which Galaxy has roaming or network sharing agreements, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature, distributing mass or unsolicited e-mail (“spam”) or other messages, or otherwise generating levels of traffic sufficient to impede others’ ability to send or retrieve information, or to use the Service in an abusive manner in connection with any unlimited packages, options or promotions;
- disrupt any backbone network nodes or network service, or otherwise restrict, inhibit, disrupt or impede Galaxy’s ability to monitor or deliver the Service, any transmissions or data;
- interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including, without limitation, denying service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host;
- use the Service for anything other than your own personal purposes (such as reselling the Service, providing Internet access or any other feature of the Service to any third party) or share or transfer your Service without Galaxy’s express consent;
- operate a server in connection with the Service, including, without limitation, mail, news, file, gopher, telnet, chat, Web, or host configuration servers, multimedia streamers or multi-user interactive forums;
- impersonate any person or entity, including, without limitation, Galaxy, a Galaxy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; or
- port scan a person’s computer or wireless device without that person’s consent, or use any tools designed to facilitate these scans.
UNLAWFUL OR INAPPROPRIATE CONTENT
Galaxy reserves the right to move, remove or refuse to post any content, in whole or in part, that it, in its sole discretion, decides is unacceptable, undesirable or in violation of the Terms or this AUP. This includes, without limitation:
- obscene, profane, pornographic content;
- defamatory, fraudulent or deceptive statements;
- threatening, intimidating, abusive or harassing statements;
- content that violates the privacy rights or intellectual property rights of others;
- content that unlawfully promotes or incites hatred;
- content that is otherwise offensive or objectionable; or
- any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, federal or international law, order or regulation.
- For purposes of this AUP, “content” refers to all forms of communications including, without limitation, text, graphics (including photographs, illustrations, images, drawings, logos), executable programs, audiovisual recordings, and audio recordings.
VIOLATION OF THIS ACCEPTABLE USE POLICY
As set out in the Terms, Galaxy has the right, but not the obligation, to monitor or investigate any content that is transmitted using the Service or the Rental Equipment; and to access or preserve content or information in accordance with the Terms. Galaxy prefers to advise subscribers of inappropriate behavior and any necessary corrective action. However, if the Service is used in a way that Galaxy, in its sole discretion, believe violates this AUP, Galaxy may take any responsive actions they deem appropriate. Such actions may include, without limitation, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, the immediate suspension or termination of all or any portion of the Service or your account, and/or taking appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Galaxy will have no liability for any such responsive actions. The above-described actions are not exclusive remedies and Galaxy may take any other legal or technical action deemed appropriate. Upon termination of an account, Galaxy is authorized to delete any files, programs, data and e-mail messages associated with such account. The failure to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. If any portion of this AUP is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. This AUP shall be exclusively governed by and construed in accordance with the governing law provision set out in the Terms.