Terms and Conditions
Geneseo Communications and its affiliates (hereafter "Company": "we" or "us") and the customer whose name and address appear on the Service Agreement (hereafter "Customer", "you" or "your") enter into this agreement whereby we will provide you those services listed on the Service Agreement or any other services purchased by you from us ("Broadband Services") and you agree to pay our current fees and rates for those Broadband Services. We may change our fees and rates for the Broadband Services, from time to time, without notice to you. By signing the Service Agreement, you agree to the Terms and Conditions, which is incorporated by reference, and collectively within the Service Agreement. You agree to receive any or all notices and disclosures we send to you online or through other electronic means.
Term, Billing, Payment, and Fees
These are specified on the Service Agreement; you will be billed monthly in advance for the Broadband Services. In addition, installation, set up, or construction charges may apply. It is a requirement of service that you sign up for automatic credit card payment and that we provide invoices to you electronically. You must provide Geneseo Communications and its affiliates with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information to Geneseo Communications, and its affiliates within 30 days of the change. You are responsible for any charges to your account including any taxes or surcharges. If you have questions regarding charges to an account, you should contact Geneseo Communications Customer Service Department at (800) 852-3611. If the card information on file is revoked and payments cannot be processed, we may discontinue some or all of your Broadband Services until payment is received. In the event that we disconnect your Broadband Services for nonpayment, you may be required to pay a reconnection fee.
A non-refundable Service Processing Fee of $25 will be charged to the account when service is removed. There are no refunds for rendered Broadband Services. If you voluntarily terminate your service with us and you have paid us in advance for Broadband Services not yet rendered by us, then, after receiving a final invoice from us, you may request a refund equal to the credits listed on your final invoice. All such refunds are subject to the following conditions: your account must be current; all equipment provided to you by us must be returned to us in proper working condition; all requests for a refund must be made within sixty (60) days of the date you receive a final invoice from us; and all requests for a refund must be made to our customer service department at 1-800-852-3611.
We will install equipment in and around your residence. This equipment may include, but is not limited to, a Network Interface Device ("NID"), cabling (collectively the "Equipment"). All Equipment is our property. You agree that you will not move any of the Equipment to another location outside your residence either temporarily or permanently. You are responsible for the care and maintenance of the Equipment located at your residence. You agree not to modify the Equipment in any way. If any of the Equipment is damaged, modified, lost, destroyed, tampered with, or stolen while in your possession, you will be responsible for the reasonable cost of repair or replacement of the affected Equipment. When you cease being a customer or move from your current location, you are responsible for returning the Equipment to us within 5 days of termination, with the exclusion of any wiring or Equipment located outside your residence. Un-returned or damaged equipment is subject to chargeback against your credit card on file. You agree that you are responsible for the cost of the commercial electric service required to operate the NID.
Installation; Access to Premises
You hereby authorize us and/or our contractors to enter your residence during normal business hours, or by appointment, to install, inspect, maintain, replace, or remove the Equipment. You also grant us the right to enter onto your property at all reasonable times, even if you are not present, to install, inspect, maintain, replace or remove any of the Equipment located outside your residence. We are not responsible for the operation, maintenance and repair of your television, computer or any other device owned by you to which we establish a connection. You may not install any device or equipment to our inside wiring or Equipment that will impair the integrity of our Equipment or network. You agree that we will have no liability for any lost wages and expenses you may incur as a result of any present or future work to be performed by us or any appointment made to perform present or future work. If you are not the owner of the residence or other premises upon which our Equipment or Broadband Services are to be installed, you warrant that you have obtained the consent of the owner of the premises for our representatives to enter the premises for the purposes described in this section. You agree to indemnify and hold harmless the Company, its affiliates and their representatives from and against any claims of the owner of the premises arising out of the performance of this Agreement.
Limitation of Liability and Indemnification
CUSTOMER AGREES THAT ALL BROADBAND SERVICES ARE PROVIDED BY COMPANY 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, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT SUCH SERVICES WILL BE ERROR FREE. COMPANY MAKES NO WARRANTY THAT THE BROADBAND SERVICES WILL BE UNINTERRUPTED, OR WILL SECURE CUSTOMER'S COMPUTER FROM THIRD PARTY UNAUTHORIZED ACCESS OR MONITORING. CUSTOMER AGREES THAT ALL USE OF THE BROADBAND SERVICES IS AT CUSTOMER'S SOLE RISK AND CUSTOMER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THE BROADBAND SERVICES KNOWING THAT SUCH SERVICES ARE SUBJECT TO INTERRUPTION FROM POWER OUTAGES AND EQUIPMENT FAILURES. IN NO EVENT WILL COMPANY, OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, REPAIR, REPLACEMENT, OR REMOVAL OF COMPANY'S EQUIPMENT, THE USE OR INABILITY TO USE THE BROADBAND SERVICES, OR THE USE OR INABILITY TO USE ANY THIRD PARTY SERVICES INCLUDING, BUT NOT LIMITED TO E911 SERVICE AND HOME SECURITY OR MEDICAL MONITORING SERVICE. Customer agrees to defend, indemnify and hold harmless Company and its affiliates, from and against any and all claims and expenses, related in any way to the use of the Broadband Services by Customer or otherwise arising out of Customer's breach of any term of the Agreement.
Service Availability and Promotions
We reserve the right to change any aspect of a Broadband Service offering. Without limiting the foregoing, such changes may include pricing, service features, and customer eligibility requirements. Some of our services are not available in all markets. From time to time, we may offer promotions, such as price discounts or service upgrades. Promotions may be strictly limited and subject to change with respect to length, market and circumstances offered. Such promotions may not be available to all customers. Some promotions may require credit qualification. In such cases you authorize company to investigate your financial responsibility and creditworthiness (including, without limitation, acquiring credit reports and histories) and to report any payment defaults to credit reporting agencies. Such credit checks may require you to provide company with full name and current service address. Under the Fair Credit Reporting Act, you have the right to notify company in the event that you believe we have reported inaccurate information about your account to any credit reporting agency. You may do this by notifying us at the Customer Service E-mail of firstname.lastname@example.org. Please include in any such notice your name and account number; your service address; and a description of why you believe we have reported inaccurate information about your account to any credit reporting agency.
High Speed Internet Services
To the extent you receive high speed Internet service from us; you agree to abide the following terms and conditions. You understand that all speed and throughput levels for our Internet services stated in the Service Agreement are "up to" levels and represent the higher end of the ranges of speed and throughput you can expect to receive from our Internet service. Because there are many factors outside of our control, including, but not limited to, your computer configuration, that may affect the speed of your Internet service, connections on wireless devices vary due to interference, obstructions within your premise, or type of device being used, we do not guarantee that our Internet service will perform at any speeds or throughput levels. Data Allotments may apply, if, in our sole judgment, you are uploading and/or downloading a significant amount of data, we reserve the right to impose a reasonable usage based charge and/or change your subscription to a higher Internet service package as a condition of continuing service with us.
Cooperation with Law Enforcement
If, in our sole and reasonable judgment, we believe you are using any of our Broadband Services for an illegal purpose, you acknowledge and agree that we may provide information about your usage to proper legal authorities for investigation and prosecution. You also agree that we may forward information about you and your use of the Broadband Services in response to law enforcement requests, subpoenas, court orders or similar requests when we reasonably determine that the disclosure of such information is appropriate and warranted under the circumstances. You are normally responsible for maintaining any inside wiring installed within your premises.
When you call us to report trouble with a Broadband Service, we will test to determine the origin of the problem and present to you service options.
Geneseo Communications and its affiliates strive to provide quality products and services as well as prompt customer care solutions. For customer care please contact Geneseo Communications via email at email@example.com or call 1-800-852-3611 anytime Mon - Fri - 8am to 4pm. If Geneseo Communications does not resolve your complaint, the service may be subject to state regulation. Iowa customers may request assistance from the Iowa Utilities Board, 350 Maple Street, Des Moines, Iowa 50319-0069, 515.281.3839 or toll free 1.877.565.4450 or email firstname.lastname@example.org.
Any damage caused by an "Act of God" (earthquake, flood, acts of war, fire, lightning, wind or fire); gross or intentional damage caused by you to the inside wiring; damage to our Equipment; any wiring you install; repair or replacement of any of your equipment; any wiring issues that existed prior to the date we installed the Broadband Services at your premises.
Term of Agreement
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
From time to time Geneseo Communications, Inc. and its subsidiaries, change its service offerings and makes available additional features and services, which may enhance and augment the services to which you are already subscribed. In order for us to determine which customers may benefit from the new services and enhancements, we may use information about your account that is within our database, legally referred to as Customer Proprietary Network Information (CPNI). Use of this data will allow Geneseo Communications, Inc. and its subsidiaries to tailor our service offerings to your individual needs, and provide you with the information you need regarding innovative communication services or new communications technology and products.
Information Collection and Handling
Geneseo Communications, Inc. may request that you provide personal information, including your name, address, e-mail address, telephone number, credit card number, social security number, contact information, billing information and any other information from which your identity is discernible. We also gather or may gather certain information about your use of Geneseo Communications, Inc. products and services. There is also information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times and referring web-site addresses.
The information we gather at Geneseo Communications, Inc. will not be shared outside of the Company unless necessary to make improvements to our products and services through the use of consultants and vendors who will be contractually obligated to not further share this information. Geneseo Communications, Inc. will disclose information if legally required to do so, if requested to do so by a governmental entity or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
Geneseo Communications, Inc.'s web-site may contain links to other web-sites over which we have no control. We are not responsible for the privacy policies or practices of other websites to which you choose to link from our sites. We encourage you to review the privacy policies of those other web-sites so that you can understand the privacy of that web-site.
Our Use of Your Information
Geneseo Communications, Inc. uses the information we gather from you or when you visit our website, whether personal, demographic, collective or technical, for the purpose of operating and improving our service to you and notifying you of the products and services associated with providing you service that we offer. Geneseo Communications, Inc. may use your contact information in order to send you e-mail or other communications regarding updates at our web-site that relate to your service or products or services related to our service.
Geneseo Communications, Inc. does not disclose your personal information to third parties, or your combined personal and demographic information. Geneseo Communications, Inc. discloses information to companies and individuals we retain to perform functions on our behalf, such as consultants or vendors that help maintain our services. For example, third parties that host our web servers that analyze data or that process credit card payments. These third parties will have access to your personal information as necessary to perform their functions that aid Geneseo Communications, Inc.'s ability to provide service, but they may not share that information with any other third party.
Geneseo Communications, Inc. may disclose and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or substantial portion of our assets.
How to make changes to your CPNI Election
You may review, correct, update or change your customer information at any time. Geneseo Communications, Inc. has put in place measures designed to secure your personal information from accident, loss and from unauthorized access, use, alteration or disclosure.
You have a right under federal law to protect the confidentiality of your account information and restrict the use of CPNI data, and we have a responsibility to protect your data. To restrict the use of your CPNI data, you must call our Customer Service team at 309.944.2103 or toll-free at 800-.852.3611 during regular business hours, or e-mail us at email@example.com expressing your option to GRANT, DENY or WITHDRAWL use of your CPNI. Please include your name, your account number and a number where you can be reached. Your denial or approval for Geneseo Communications, Inc. and its subsidiaries to use this data will not affect the provision of any services to which you subscribe. Your approval or denial of approval for the use of CPNI outside of the service to which you already subscribe will remain valid until you revoke or limit the approval or denial.
If Geneseo Communications, Inc. decides to materially change our privacy statement, we will post those changes through a prominent notice to the Geneseo Communications, Inc. website so that you will always know what information is being gathered and how that information might be used.
If at any time, you have questions or concerns about this privacy statement or believe that we have not adhered to this privacy statement, please feel free to call us 309.944.2103 and speak to one of our Customer Service Specialist. Geneseo Communications, Inc.'s representatives will promptly answer your question or resolve your problem.
For our Acceptable Use Policy and Open Internet Disclosures click here