Conditions

By clicking “I agree” and signing up, you (“Client”, “Customer”, “you”, “your”, and the like) are agreeing to subscribe to Mage Networks Inc.’s (“Mage”, “us”, “we”, “our” and the like) internet service (‘the Service”, “MagiNet™”) on your selected service plan or package (your “Service Plan”). You are also indicating that you have read and agree to the following terms and conditions and agree to any other terms and conditions on our website (the amalgamation of all terms and conditions in this document along with any terms and conditions found anywhere else on our website shall be known hereinafter as “Terms and Conditions”).

1. PRICE AND PAYMENT

You agree to pay Mage the  equipment fees (if any), monthly recurring fees, and any other fees and charges related to your Service Plan (including for any changes or for termination of your Service Plan) identified by us from time-to-time plus applicable taxes (amalgamation of all fees chargeable to you shall be known hereinafter as “Fees”). We will charge your Fees to your credit card commencing on the Service Date (as defined below), monthly in advance for recurring charges for the remainder of your Service Plan, as well as for any other fees and charges that may become payable from time to time. You authorize us and any third party that processes payments on our behalf to use your credit card and retain your credit card and payment information for any outstanding balances and you waive pre-notification of the amounts and dates of the charges to your credit card. If we are unable to charge your credit card after 30 days past the payment date, we will terminate your Service Plan. This termination does not release you from your responsibility to pay the fees for the Service Plan or a Cancellation Fee, if applicable.

2. INSTALLATION & SPECIFICATIONS

We will either contact you or provide you access to an online scheduling tool to arrange an installation time. You authorize us to install MagiNet™ on your property.

3. DURATION OF TERM AND CHANGES TO SERVICES

Your Service Plan will start on the day when MagiNet™ is installed and ready for use in your home or business (the “Service Date”) and will continue for the length of time you selected (“Term”).

Month-to-Month Term

If you select a month-to-month Service Plan you will be billed your Fees at the published rate to which you agreed when you subscribed to you Service Plan, including any discounts that applied when you subscribed. Month-to-month will renew, and be billed, automatically each and every month until you tell us you would like to cancel. Service Plans may be cancelled without fee or penalty, with a minimum of one (1) full calendar month of notice, effective on the last day of the calendar month AFTER the month in which we receive your cancellation request. For example, if you tell us you want to cancel your month-to-month service on April 15^th (“Cancellation Notice Date”), the day on which your billing will cease, and your service will end, is May 31^st (“Termination Date”).

Long-Term Service Plans (i.e. 1 Year Service Plan)

If you select a Long-Term Service Plan you will be billed your Fees at the published rate to which you agreed when you subscribed to you Service Plan, including any discounts that applied when you subscribed. Long-Term Service Plans may be cancelled before the end of the Term, but a Cancellation Fee will apply, as defined below.

When your Long-Term Service Plan ends, your Service Plan will continue automatically on a month-to-month basis unless you renew or cancel; the current Fees and Service Plan Terms and Conditions will apply.

You can increase (upgrade), decrease (downgrade), transfer (move) or cancel the bandwidth or other features of the service selected in your Service Plan, as such options become available in your area, by notifying us of the change (the “Request”) in which case the terms and conditions provided below will apply. A Request for an upgrade, downgrade, or move will trigger the termination of your existing Service Plan and the creation of a new Service Plan reflecting the revised bandwidth amount, pricing and new term.

4. SERVICE PLAN TERMS AND CONDITIONS

Upgrades: A Request for an upgrade can be submitted at any time and will usually be completed within five business days of receipt of the Request. You will not be charged an activation fee for an upgrade. Any prorated credits for the remainder of the month of lower bandwidth will be applied to the first payment for the upgraded Service Plan.

Moves: A Request for a move, within a Mage coverage zone, can be submitted at any time by contacting Mage at customerservice@mage-networks.com. By submitting a Request for a move, you are ordering a new Service Plan for your new location (“New Plan”) and terminating the former Service Plan (“Old Plan”). Termination of the Old Plan will take effect as of the Service Date for the New Plan. In this instance, the Cancellation Fee set out below will not apply.

However, you will be charged an equipment fee for the New Plan. Please note that a Request for a move outside of Mage’s coverage area will be treated as a Cancellation, as described below.

Downgrades: We will downgrade your services effective on the last day of the calendar month AFTER the month in which we receive your Downgrade Request. You will be charged an equipment fee for a downgrade. Your downgrade will result in starting a new plan from the first month of a new term. You will not be eligible for any promotions unless the downgrade Request is made during a month-to-month term.

Cancellation: A Cancellation Fee (as set out below) will apply when a Request for the termination of your Long-Term Service Plan is submitted. We will stop billing for Services on the last day of the calendar month AFTER the month in which we receive your cancellation request. Therefore, we suggest you plan to NOTIFY MAGE OF YOUR INTENT TO CANCEL THE SERVICE MORE THAN 30 DAYS IN ADVANCE. For clarity, cancellation during a month-to-month Term will not result in a Cancellation Fee, but the same notice and disconnection timelines apply.

Cancellation Fee: IF YOU CANCEL A LONG-TERM SERVICE PLAN, INCLUDING BUT NOT LIMITED TO A 1 YEAR TERM SERVICE PLAN, YOU AGREE TO PAY US THE DIFFERENCE BETWEEN WHAT YOU’VE PAID US ON YOUR LONG-TERM PLAN AND WHAT YOU WOULD HAVE PAID US IF YOU WERE ON A MONTH-TO-MONTH PLAN, PLUS ONE FULL CALENDAR MONTH OF FEES AT THE POSTED MONTH-TO-MONTH RATE. YOU ACKNOWLEDGE THAT THIS CANCELLATION FEE IS TO COMPENSATE US FOR COSTS INCURRED AS A RESULT OF EARLY TERMINATION AND IS NOT A PENALTY. For example, if you originally signed up for a 1 Year Service Plan at $110/mo, but wanted to cancel part way through the 5^th month after paying for 5 months of service, and the current month-to-month rate is $120/mo, your Cancellation Fee would be $50. In addition, a full calendar month of Notice of Cancellation is required, which amounts to $120. Therefore, the full cost of cancellation is $170 in this scenario. This is calculated as follows: 5 months at discounted rate x $10 difference between the discounted rate ($110) and the regular month-to-month rate ($120) = $50 + one full calendar month of notice at $120 = $50 + $120 = $170.

Cancellation for moving out of the coverage area: Notwithstanding other Terms and Conditions herein, if you need to cancel the Service because you are moving out of the coverage area, which is detailed on our website as the coverage area, and currently includes the Townsite of Redwood Meadows, AB and the region commonly known as Bragg Creek, AB, but may expand in the future, and you are not moving to a location within range, or easily brought within range (at our discretion and expense), of the coverage area, then NO CANCELLATION FEES WILL APPLY. However, Cancellation Notice of one (1) full calendar month must be provided, as detailed above. Proof of your new address will be required.

5. SERVICE PERFORMANCE

While we pride ourselves in going to extraordinary lengths to ensure the best possible levels of performance and reliability, particularly within coverage areas that are not easily connected, we do not guarantee that the Service will be uninterrupted. This applies for reasons that may be our fault or may be the fault of others. You acknowledge that you will not be entitled to any service credits or to any other kind of compensation or remedy. You also acknowledge that Mage does not control and is not liable for any content transmitted using your Service Plan. We do not warrant or guarantee the security, accuracy, destination, availability or any other aspect of information transmitted.

6. YOUR RESPONSIBILITIES

Your information. You must provide accurate and complete information about yourself and your business (as applicable). If your information changes, you must promptly update us in writing at customerservice@mage-networks.com. If we do not believe the information is accurate, we may choose not to provide you with the Service Plan.

Your Stuff. You are responsible for providing at your premises space, internal wiring, power, cabling, and an environment (“Your Stuff”) sufficient for the Router Specifications in your utility room near your service entrance. If we believe Your Stuff is likely to cause hazard or service obstruction, you will try to eliminate this likelihood at our request.

Your cooperation. You will cooperate with us, including but not limited to responding to all reasonable requests for information and facilitate our installation and delivery of your Service Plan to you. You will comply with any restrictions on the use of the services, and with any use policies or instructions, we communicate to you. While we know you’ll want to fix any issues you may encounter with your Service, you agree NOT to tamper with any equipment belonging to Mage, whether it is located inside or outside your home or your business, or anywhere else.

Router Specifications. You are responsible for ensuring that the operation of the Router is in compliance with the Router Specifications in order for us to provide you services.

Acceptable Use Policy. You will comply with Mage’s Acceptable Use Policy available on our website.

7. TERMINATION

If either of us is in breach of this agreement, the one that is not in breach can terminate this agreement and your Service Plan by providing 30 days written notice. If either of us goes into bankruptcy, receivership, or similar proceeding, the other can terminate this agreement and your Service Plan. Mage may elect to terminate this agreement and your Service Plan if Mage provides you with notice equal to the lesser of six months and the remaining balance of the term of your Service Plan. Upon termination of the Service Plan, you will pay Mage all amounts owing and you will return the Router to Mage in accordance with the instructions provided.

8. PRIVACY

You authorize Mage to collect, use, transmit, process and store information relating to you and your business (as applicable) as described in the most current version of the Mage Privacy Statement.

9. NOTICES

Let’s communicate with each other online, through the website or by email. You can also call us at 855-MAGE ISP (855-624-3477).

Mage’s address for legal notices is: Mage Networks Inc., 700 Ranch Estates Place NW, Unit 14, Calgary T3G 1M3, Canada.

10. CHANGES TO THESE TERMS

We may make changes to this agreement from time to time. You can review the most current version of this agreement on our website. Your continued use of your Service Plan indicates you agree to the most current version.

11. WARRANTIES & SERVICE LEVEL AGREEMENTS

MagiNet™ is normally configured and operated according the following Warranties and Service Level Agreements (SLAs). Once construction of our network is considered complete in an area:

1. MagiNet™ will provide maximum 100 Mbps or  maximum 50 Mbps unloaded data rate to each subscribing home or business, excluding Force Majeur (events outside the control of Mage). Unloaded data rates are different from the rates shown on commonly used “speed test” applications, in that the speed tests do not account for addition of TCP/IP packet data, which may change the test results by as much as 20%;
2. MagiNet™ will provide stability of service such that internet connectivity for subscribed residents will be met for a minimum of 98% of the minutes in any three consecutive months, or in 6 months in any 12 month period of the Term, excluding Force Majeur (events outside the control of Mage);
3. MagiNet™ will provide our unique Guaranteed Streaming Bandwidth GSB™, which is a minimum quantity of unloaded streaming data availability for each subscribing home or business at a guaranteed rate of 7 Mbps, excluding Force Majeur (events outside the control of Mage);
4. If repair or replacement of defective equipment is required, and the defect is found to be NOT as a consequence of misuse or mistreatment by anyone in or near your home or business, no-charge on-site service will be provided. If repair or replacement of defective equipment is required, which is found to be as a consequence of misuse or mistreatment, support costs will be billed to you for full replacement value of the equipment, in addition to labour charges at a rate of $240/hour CAD including travel time, for a minimum of 1 hour. If on-site support is required at your home or business, whether for chargeable services or for no-charge services, Mage will provide such on-site support no later than ten (10) days after notice of any such issue.

With respect to the warranty statements made above, it is important for users of MagiNet™ to note the following:

1. The making of specific Warranty commitments is not commonplace in the Internet Service Provider industry, except to make statements to the effect that no performance commitments are guaranteed under any circumstances. Mage is proud to be taking such a ground-breaking step in making these commitments to you;
2. In light of the fact that the MagiNet™ Warranties statement is effectively unique, there are as-yet-incomplete definitions of some of the terminology within the Warranty, which will need to be refined from time to time. Therefore, any and all ambiguities inherent in any term or statement in this Warranties and Service Level Agreements Section shall be resolved at the sole discretion of Mage, acting reasonably.

Service Level Agreements for (Packages) for Home

If you select a package designated as “For Home”, telephone and email support will be available to you Monday to Friday, from 8 a.m. – 5 p.m. Calgary time, not including statutory holidays. Calls or messages will be responded to within one (1) business day at the latest.

Service Level Agreements for (Packages) for Business

If you select a package designated as “For Business”, telephone and email support will be available to you seven (7) days a week from 8 a.m. – 5 p.m. Calgary time. After hours emergency support will also be available, and may be chargeable to you depending on the issue, and the time of day or night. Calls or messages will be responded to within one (1) business hour at the latest. Home-based businesses, which are defined as businesses located in any space that could legally be occupied as a residence, are not eligible for Packages designated as “for Business”.

12. DISCLAIMER OF CERTAIN DAMAGES

UNDER NO CIRCUMSTANCES WILL WE (INCLUDING OUR CONTRACTORS OR LICENSORS) BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES; FOR LOSS OF PROFITS OR ANTICIPATED SAVINGS; OR FOR LOSS OR CORRUPTION OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

13. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR (INCLUDING OUR CONTRACTORS AND

LICENSORS) MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR SERVICE PLAN WILL BE TO RECOVER THE ACTUAL AMOUNT OF DAMAGES YOU INCUR UP TO THE AMOUNT YOU PAID, IF ANY, TO US FOR THE SERVICE PLAN IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR, IF YOU HAVEN’T PAID ANYTHING TO US IN THOSE SIX (6) MONTHS, FIVE DOLLARS (CAD$5.00).

14. APPLICATION OF LIMITATIONS OF LIABILITY

Each of the limitations of liability in Sections 11 and 12 apply for all causes of action including (a) breach of contract, (b) breach of warranty, (c) tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the maximum extent the exclusions and limitations are not prohibited by applicable law. Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

15. INDEMNIFICATION

You agree to indemnify us (including our directors, officers, employees, agents, suppliers and contractors) harmless from and against any and all costs, liabilities, losses and expenses (including, but not limited to, reasonable legal fees and expenses) resulting from any claim, suit, action, or proceeding brought against any of us by third parties arising from your use of your Service Plan.

16. GENERAL

Governing Law. This agreement is governed by the laws of the Province of Alberta and applicable laws of Canada.

Severability. If a court determines that part of this agreement is invalid, the rest of the provisions are still applicable.

If any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable. Assignment. You may not assign, transfer or sub-license this agreement or your Service Plan. We may. assign this agreement at any time. Performance of Obligations. We may perform our obligations through the use of our affiliates, subcontractors, suppliers or agents but we will remain liable to you. No Waivers. If we fail to act with respect to a breach by you or others, we are not waiving our rights to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in a written document signed by us. Entire Agreement. This agreement (including any incorporated terms) constitutes the entire agreement between us with respect to your Service Plan. Survival. After termination of this agreement, the following provisions will survive: 1, 2, 3, 10, 11, 12, 13, 14, 15 and 16.

17. REFUNDS

Refunds are handled on a case by case basis. Please contact customerservice@mage-networks.com for all refund related inquiries.

INTRODUCTION

The benefits and privileges available from Mage Networks (“Mage Networks”) and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive, enjoyable experience. This Acceptable Use Policy (the “Policy”, or “AUP”) was designed to prevent unacceptable uses of our services and equipment as well as to ensure that we are able to provide the level and quality of services that our customers expect. Each customer of Mage Networks is responsible for ensuring that the use of all services provided to such customer complies with this Policy.

If Mage Networks believes, in its sole discretion, that a violation of this Policy (direct, or indirect, including violations by a third party) has occurred, it may take responsive action. Mage Networks is entitled to remove the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Mage Networks Services, or take any other appropriate action, as determined by Mage Networks, in addition to any remedies provided by any agreement to provide Mage Networks Services.

PROHIBITED ACTIVITIES

Illegal/Criminal Activity

Mage Networks services must not be used for any activity that violates any local, provincial, federal, international or any other applicable law or regulation, including the distribution or storage of materials that are contrary to any applicable law or regulation. Prohibited activities include, but are not limited to:

• Infringing copyrights, trademarks, trade secrets, patents or any other type of intellectual property;
• Posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence;
• Transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material; and
• Violating the personal privacy of another individual.

Security Violations

Mage Networks services must not be used to breach the security of any account, network, service, or other system of Mage Networks, or to gain unauthorized access to another network or system. Other security breaches include, but are not limited to:

• Attempting to gain access to any other person’s computer, software or data, without their knowledge or consent;
• Circumventing user authentication or security of any host, network or account (“cracking” or “hacking”);
• Interfering with service to any user, host or network (“denial of service attacks”) including, but not limited to, mail bombing, flooding of networks, deliberate attempts to overload a service and attempts to crash a host; and
• Using or distributing tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

Email Violations

Mage Networks Services must not be used by any customer (or any of their customers) to send messages (including fax and voice traffic) that have the effect of preventing fair and proportionate use of Mage Networks Services by others. Other email violations include, but are not limited to:

• advertising, transmitting, or in any way providing any software, program, product, or service that facilitates a violation of this AUP or is designed to violate the Mage Networks AUP or the AUP of any other Internet Service Provider;
• sending unsolicited bulk messages, including, commercial advertising, unsolicited commercial messages, chain letters, charity requests, petitions for signatures and political or religious messages;
• sending messages to any user who does not wish to receive it, either to a Mage Networks account holder or otherwise;
• Spamming, whereby the customer sends numerous copies of the same or substantially similar messages to many account holders, or sending large or multiple files or messages to a single user with malicious intent;
• Spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that Mage Networks was involved in the transmission of such email or content;
• Altering the headers of email messages for the purpose of concealing the recipient’s or sender’s identity, or any other illegitimate purpose; 
• Operating an unsecured email relay;
• Posting binary files to non-binary newsgroups; and
• Attempting to evade filters of spamming

SUBSCRIBER AGREEMENT

The customer will indemnify and hold Mage Networks harmless from any claim brought by third parties relating to the customer’s use of Mage Networks Services. The customer must pay and defend all legal costs (including legal fees) arising from such claims. Upon receiving notice, the customer must immediately notify Mage Networks of any claim or potential claim involving their use of Mage Networks Services. Failure to do so gives Mage Networks the right to defend such claims at the customer’s sole cost.

CONTENT OF ONLINE MATERIAL

Mage Networks is not responsible for, and shall not be held liable for, any damages resultant of any conduct, content, communications, goods and services available on or through Mage Networks Services.

PRIVACY OF COMMUNICATIONS

Mage Networks may at all times monitor the performance of Mage Networks Services electronically to ensure its facilities are operating properly.

1. to comply with applicable law or valid legal processes;
2. to protect Mage Networks’ rights or property;
3. in emergencies where a person’s physical safety is compromised; and
4. to enforce the terms of this policy. 

Mage Networks is not obliged to inform the customer that such information has been disclosed or will be disclosed.

QUESTIONS AND COMPLAINTS

For any customers who may have questions or complaints regarding this Policy, or to report a suspected breach of this policy, please contact customerservice@mage-networks.com.

MAGE NETWORKS WIFI WARNING​

WARNING: THIS WIRELESS NETWORK IS NOT SECURE.

PARENTAL GUIDANCE: THIS NETWORK DOES NOT PROVIDE ANY CONTENT FILTERING.

UNDERAGE USERS SHOULD HAVE PARENTAL CONSENT AND/OR SUPERVISION TO USE THIS NETWORK.

Please visit mage-networks.com Home Page for information on some content filtering apps that can be added to your child’s phone. Mage Networks is not responsible for content viewed by minors nor is it responsible for the performance of any app.

Mage Networks Inc. provides access to the Internet as a service of convenience to the public. Mage Networks expressly disclaims any liability or responsibility arising from access to or use of information obtained through its electronic information systems, or any consequences thereof. Conducting business or personal transactions such as credit card purchases, stock trades, bank transactions, etc., or accessing systems where such personal or business data are stored is not recommended. Mage’s computing environment does not maintain sufficient safeguards to protect such activities. Users of computing resources should be aware of the possibility of contamination by computer viruses and trojans. Users are warned that it is not possible to provide a 100% virus free environment and that the user accepts such risks while using the Mage’s computing resources.

Unacceptable Use

It is not acceptable to use the Mage Networks computer network for:

• Any purposes which violate Canadian, provincial, or local laws.
• Transmitting threatening, obscene or harassing materials, including the use of profanity or offensive language.
• Intentional or unintentional disruption of network users, services or equipment, harm to other computer systems, including excessive bandwidth utilization.
• Distribution of unsolicited advertising.
• Tampering with computer or network security.
• Making unauthorized entry into any systems accessible via Mage’s computer network.
• Representing oneself as another person.
• Developing and/or propagating programs that harass other users or cause harm to other computer systems. (e.g. computer “viruses” and “worms.”)
• Copying, file sharing, downloading or distributing commercial software or other material (e.g. music or videos) in violation of federal or international copyright laws.
• Accessing or loading pornographic, obscene, or sexually explicit material.
• Other uses deemed inappropriate at the discretion of Mage Networks management.

Illegal acts involving Mage’s network may be subject to prosecution by local, provincial or federal authorities, as well as civil litigation for damages, including both punitive and exemplary, and financial compensation.