Super-Net Cable Modem Service Subscriber Agreement
Super-Net Cable Modem Service Subscriber Agreement — Back To Top
This Agreement (“Agreement”) is
between Super-Net, Inc. and the Service Subscriber (“I” or “me” or “my”). This Agreement sets forth the terms
and conditions under which I use and do hereby subscribe to your Service and Software and
and the Super-Net Cable Modem Service Installation Agreement.
1You will provide me with access to the Internet and its services (the "Service"), subject to the terms and conditions of this Agreement, from the date on which I accept or sign this Agreement until either you or I terminate this Agreement as provided in Paragraph 10.
1.1 I understand You may modify or discontinue the Service at any time with or without giving Me advance notice.
1.2 You will make reasonable efforts to provide Me with continuous, uninterrupted, expedient and error-free Service. Nonetheless, I understand that temporary interruptions of the Service may occur as normal events in the provision of the Service.
1.3 I understand that You have no control over the networks, facilities or services of third parties and that delays and disruptions involving them are completely beyond Your control.
1.4 I understand that I must maintain an active cable TV connection from Massillon Cable TV in order to use a cable modem.
2 In return, I will pay You the charges for the Service, including applicable installation charges, taxes and fees. I understand that the charges, taxes, fees, terms and conditions may be modified from time to time. Once I have been notified of such a change, My continued use of the Service constitutes My acceptance of that new charge, tax, fee, term or condition.
2.1 I will pay You in accordance with the payment terms on the invoice You send Me for the Service.
2.3 You will bill Me one month in advance via email. Super-Net does not send invoices via US Mail.
2.4 If I pay You after the specified late payment date, You may charge Me a monthly late charge as liquidated damages at the rate of 1.5% a month (18% a year) of the entire outstanding balance for each month or portion thereof for which the balance remains, and the Service may be disconnected. I may also owe You for Your expenses incurred to recover past due charges, including attorney's fees and legal costs.
2.5 I understand that You may debit My checking, savings, or credit/debit account to obtain past due access and cable modem rental fees. I understand that You may also obtain a civil judgment and garnish My earnings for recovery of past due access and cable modem rental fees.
2.6 If You disconnect the Service, I may have to pay a reconnect fee and security deposit, in addition to all past due charges before You reconnect the Service.
2.7 I agree not to remove or move the modem to another location, either within the residence or place of business or to another location, without informing Super-Net in writing before such move. If Super-Net finds that the modem has been moved to another location either within the residence or business or to another location, Super-Net, at its discretion, may charge the customer standard installation charges if a service call is required to restore service.
2.8 I understand that I may incur charges, including taxes, for which I am solely responsible, from other Internet or online services, telecommunications service providers or providers of other goods and services which I may purchase or subscribe to.
2.9 I understand that monthly rental charges for My cable modem service will continue even if My cable TV service is discontinued.
3 If I have any questions or concerns regarding this Agreement or the Service, I can contact You via email at email@example.com, by phone at 330.833.4134 or at Super-Net, Inc. P.O. Box 1000
Massillon, OH 44648-1000.
4 You may, but need not, monitor the content on the Service and may disclose any information You deem necessary to comply with any law, regulation or governmental order or to protect Yourself or other Subscribers. You may refuse to post or may remove any material or information that, in Your sole discretion is unacceptable, undesirable or in violation of this Agreement. You may suspend or terminate the Service to Me, or suspend or terminate any user ID, electronic mail address, Universal Resource Locator or domain name which I use in connection with the Service, if My use of the Service (a) violates any law, regulation or tariff, (b) is obscene, defamatory, deceptive or fraudulent, (c) is intended to threaten, harass or intimidate, (d) interferes with another subscriber's use or enjoyment of the Service, (e) is in any way inconsistent with Your Terms and Conditions, (f) tends to damage Your name or reputation, (g) involves My provision of ftp or web server capabilities or (h)otherwise violates this Agreement.
5 LIMITATION OF LIABILITY
5.1 UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER YOU NOR YOUR AFFILIATES, SUBCONTRACTORS, EMPLOYEES OR AGENTS WILL BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, ALLEGATIONS, CLAIMS, SUITS OR OTHER PROCEEDINGS, EXPENSES, LIABILITIES OR COSTS (INCLUDING LEGAL FEES), INCLUDING LOSS OF PROFITS, EARNINGS, BUSINESS OPPORTUNITIES OR DATA, INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR PERSONAL INJURY (INCLUDING DEATH), RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, ME USE OF THE SERVICE OR ME RELIANCE ON OR ANY OTHER USE OF THE EQUIPMENT OR SERVICE, INCLUDING, WITHOUT LIMITATION, (A) A CONTENTION THAT THE USE OF THE EQUIPMENT OR SERVICE BY ME OR A THIRD PARTY INFRINGES THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL PROPERTY OR CONTRACTUAL RIGHT OF ANY THIRD PARTY, (B) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MIS-DELIVERIES, TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE, (C) THE CONTENT OR SERVICES AVAILABLE ON THE INTERNET OR OTHERWISE THROUGH THE SERVICE, INCLUDING THE ACCURACY, QUALITY AND CONFIDENTIALITY OF INFORMATION OBTAINED THROUGH THIRD PARTIES THROUGH THE SERVICE, (D) THE ACTIVITIES OF OTHER INTERNET USERS OR CABLE OR SERVICE SUBSCRIBERS IN ACCESSING OR MONITORING MY COMPUTER OR MY USE OF THE SERVICE, OR (E) ACTS OR OCCURRENCES BEYOND YOUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, FIRE, LIGHTNING, EXPLOSION, POWER SURGE OR FAILURE, WATER, ACTS OF GOD, WAR, REVOLUTION, CIVIL COMMOTION OR ACTS OF CIVIL OR MILITARY AUTHORITIES OR PUBLIC ENEMIES, ANY LAW, ORDER, REGULATION, ORDINANCE OR REQUIREMENT OF ANY GOVERNMENT OR LEGAL BODY OR REPRESENTATIVE THEREOF, LABOR UNREST, INCLUDING, WITHOUT LIMITATION, STRIKES, SLOWDOWNS, PICKETING OR BOYCOTTS, INABILITY TO SECURE RAW MATERIALS, TRANSPORTATION FACILITIES, FUEL OR ENERGY SHORTAGES, OR ACTS OR OMISSIONS OF COMMON CARRIERS.
5.2 Your liability for damages in regards to extraordinary and unreasonable interruptions of Service, or for mistakes, omissions, delays, errors and defects in the Service, shall in no event exceed an amount equal to the pro rata charges to Me for the period during which the Service was affected.
5.3 The limitations set forth in this Section 5 apply to the acts, omissions, negligence and gross negligence of You and each of Your respective affiliates, subcontractors, employees and agents, under any contract, tort or other legal theory.
5.4 My sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such a limitation or exclusion may not apply to Me.
6 I will indemnify and hold You harmless from all claims, losses, expenses, suits, attorney's fees, costs, fees or liabilities for injuries to or death of any person or for damages to or loss of any property which may in any way arise out of or result from or in connection with My use of the Service, Software or Hardware, particularly if such use (a) violates any law, regulation or tariff, (b) is defamatory, deceptive or fraudulent, (c) is intended to threaten, harass or intimidate, (d) interferes with another subscriber's use or enjoyment of the Service, (e) is in any way inconsistent with Your Terms and Conditions, or (f) otherwise violates this Agreement.
7 This Agreement should not be construed to give Me any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator or domain name which I use in connection with the Service.
8 In order that You may provide reliable, high quality service to Me, I recognize that You keep regular business records that contain My name, address, and other personally identifiable information. Such records include billing, payment and deposit records and the service options I have chosen. You use this information to make sure that I am being billed properly for the services I receive.
8.1 You consider information You keep to be confidential. You may collect personally identifiable information from Me and may disclose it to a third party if (a) I consent in advance in writing or electronically; (b) disclosure is necessary to render service and related business activities (For example, You may without My consent disclose My name and address to a collection service if required to collect past due bills.); or (c) disclosure is required pursuant to a court order.
8.2 Unless I object, from time to time, You may also disclose My name and address for mailing lists and other purposes. You will not disclose the extent of My use of a particular service or the nature of any transaction I may make, but You may disclose that I am among those who subscribe to a particular service. If I wish to remove My name from such lists or limit the use of My name at any time, I will contact You at the office.
8.3 You may also electronically test the system from time to time to determine whether I are being properly billed for the service I am receiving.
8.4 You will maintain information about Me for as long as You provide service to Me and for a longer time if necessary for related business activities. When information is no longer necessary for Your purposes, You will destroy the information unless there is a legitimate request or order to inspect the information still outstanding.
9 YOU ARE PROVIDING ME WITH THE SERVICE, SOFTWARE AND HARDWARE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU DO NOT WARRANT (A) UNINTERRUPTED USE OF THE SERVICE, SOFTWARE AND HARDWARE, (B) THAT ANY DATA OR ANY FILES THAT I SEND WILL BE TRANSMITTED IN UNCORRUPTED FORM OR IN A REASONABLE TIME, (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR (D) ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE. YOU DISCLAIM ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTABILITY AND PERFORMANCE. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to ME.
10 Either You or I may terminate this Agreement at any time by providing the other party with at least 24 hours written notice of such termination. However, the service will not be terminated until all equipment which belongs to Super-Net is returned.
10.1 I understand that the cable modem is the property of Super-Net. I will use reasonable care in safeguarding the modem from damage. I will promptly return the cable modem to Super-Net upon termination of My service.
11 I will comply with the terms and conditions of all end user software license agreements accompanying any software or plug-ins which You distribute in connection with the Service.
12 I am at least 18 years old and have the ability to sign binding contracts. I am executing this Agreement on behalf of everyone who will use the Service, Software or Hardware through My computer or with My account or password and I am solely responsible for any resulting violation of this Agreement. I am solely responsible to ensure that they understand and will comply with this Agreement.
13 You may, in Your sole discretion, change, modify, add or delete portions of this Agreement at any time. Once You notify Me of any such changes by posting them on the Service or sending Me notice via email or postal mail, My continued use will be deemed to indicate My acceptance of such changes. If I do not agree, I will immediately stop using the Service and terminate this Agreement as set out in paragraph 10.
14 This Agreement shall be governed by and construed under Ohio law.
15 I may not assign My account on the Service to anyone without Your express written consent. Upon reasonable notice, You may assign Your rights and obligations under this Agreement.
This agreement, along with the Service Subscriber Agreement and Installation Agreement, is the complete agreement between Super-Net and the Internet user.
Super-Net may discontinue or change the services offered and/or modify the terms and conditions of this agreement at anytime. Changes modifications or additions are updated regularly. If You do not agree to these terms and conditions, please notify Super-Net via email at firstname.lastname@example.org so we may initiate a closure of Your account.
1 Account and Agreement Term
1.1 This agreement shall remain in effect as long as the Internet User's account remains open, valid or undeleted on a Super-Net server. The Internet User may cancel this agreement at anytime, for any reason by providing Super-Net proper acceptable written notice in accordance to the terms stated herein.
2 Account Cancellation Requests
2.1 Cancellation of an account requires at least 24 hours notice and must be received in writing via fax or email at email@example.com. Such requests must be received 30 days prior to the 1st of the month in order to be processed by the beginning of the next accounting cycle.
2.2 All Super-Net accounts must be paid in full before cancellation is complete.
3.1 The Internet User acknowledges that Super-Net makes an honest effort to keep the software, data and information available on Super-Net's servers accurate. Super-Net has no control over any information, data or software that is available through the Internet. Super-Net makes no warranty of any kind, either expressed or implied, regarding the accuracy, or validity of data, software and information available. Use of data, software or information obtained from or through Super-Net is always at the risk of the Internet User.
3.2 The Internet User agrees to indemnify and hold Super-Net harmless from any and all claims, including attorney's fees, resulting from the Internet User receiving Super-Net Cable Modem services or software that causes direct or indirect damage to the Internet User or another party.
4 Fees and Penalties
4.1 Charges or fees associated with canceled, closed or terminated accounts are not prorated. Accounting cycles begin the first of each month.
4.2 All payments shall be paid in advance of receiving services.
4.3 Payment is due at the beginning of each billing cycle. Personal accounts are billed to Your credit card that You have provided for this purpose.
4.4 Accounts that are delinquent by two accounting cycles may be terminated and deleted.
4.5 In the event an account is terminated a reconnection charge not exceeding $25.00 is required to remove the hold status.
4.6 The Internet User acknowledges account responsibility until payment is made in full. In the event that the cable modem was rented or leased monthly account basic charges remain in effect until the cable modem is returned or paid for in full.
4.7 There is a $45.00 service charge for each returned check.
4.8 Super-Net will publish a notice of fee increases 10 days before such increases take effect.
4.9 A $500 fee will be incurred for failure to return the cable modem within 30 days of termination.
5 Accounts and Use of Services
5.1 The Internet User agrees to maintain a secure password. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters.
5.2 The Internet User agrees not to use Super-Net Cable Modem services to make unauthorized attempts to access the computers, accounts, files, systems and networks of others.
5.3 The Internet User understands that no third party cable modems will be allowed on the cable system, which were not bought from or provided by Super-Net.
5.4 The Internet User understands that an active cable TV connection from Massillon Cable TV is required in order to use a cable modem. A separate charge exists for cable TV service. Failure to maintain an active cable TV connection will cause an interruption of cable modem service. Monthly service charges for cable modem service will continue even if cable TV service is discontinued.
6 Net Etiquette
6.1 The Internet User acknowledges proper Internet etiquette will be practiced at all times. The Internet User agrees to use the services provided by Super-Net as permitted by applicable local, state, and federal laws. The Internet User agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. All commercial usage by the account holder, such as advertising, announcements or postings shall be performed in a considerate, unobtrusive manner that shall not waste or overuse Internet data bandwidth. Spamming (the sending of large volumes of unsolicited email) is considered to be obtrusive.
7 Abuse of Services
7.1 Usage of Super-Net resources that disrupts the normal use of Super-Net servers, other Internet hosts and/or other Super-Net customers is considered to be abuse of resources and is grounds for account cancellation. Some examples of system abuse include consuming excessive amounts of memory, circuit bandwidth or CPU time.
7.2 Depending on the nature and the severity of the abuse, the user may have their account suspended by Super-Net. Occasionally, unintentional misuse is misinterpreted as intentional misuse. Customers who believe their activity has been misinterpreted may appeal to Super-Net.
7.3 Super-Net does not allow the unprotected distribution or storage of any pornographic or like material in any Internet User's account. Posting such material for public access is grounds for immediate account cancellation.
7.4 Harassment of others via the use of Super-Net access is grounds for account cancellation.
7.5 Operating a web or other publicly accessible server via a Super-Net cable modem is prohibited. (This includes Napster, Songspy, etc.)
7.6 Providing Internet access to a user at another location via the cable modem is prohibited.
7.7 Spamming (the sending of large volumes of unsolicited email) is considered to be an abuse of service. Super-Net reserves the right to implement measures to prevent such unsolicited mail from or to the Internet User. Regretfully, these measures may cause the unintentional loss of legitimate email.
8 Copyrighted and Public Domain Material
8.1 Public Domain materials may be downloaded or uploaded using Super-Net access. The Internet User accepts all responsibilities and assumes all risks that are associated with the determination of whether or not material obtained via Super-Net is in the public domain.
d 8.2 As provided by United States law and by International treaties, copyrighted materials (like, images, text, and software) may not be uploaded using Super-Net services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed or modified in any way.
8.3 Notice: Some materials on the Internet and provided by Super-Net are called “SHAREWARE” or “FREEWARE.” Generally these materials are copyrighted. The copyright holder often gives limited permission as to the use of these materials. If You choose to continue using the materials, the copyright holder requests that You register Your usage and may ask that You pay a license fee.
9 Electronic Data Services Provided
9.1 Super-Net will provide Internet and computer related services on its data access servers to individual and business Internet Users for a fee, provided the Internet User complies with the terms and conditions set forth in this agreement.
9.2 Super-Net Cable Modem Services are defined as Internet communications access and information services. These services also include access to software, computing, data and information services provided by others via the Internet.
10 Super-Net right reserved
10.1 Super-Net reserves the right to refuse service to anyone for any reason, as with in Super-Net's rights as a business entity in accordance with the laws of the Internet User's State.
11 Effective Date
11.1 This agreement became effective upon the opening of the Internet Users new account.
Super-Net Cable Modem Service Installation Agreement — Back To Top
This Agreement is between the Subscriber (“I” or “Me” or “My”) on the one hand, and Super-Net, Inc., provider of the cable modem service (“You” or “Your”) on the other hand. This Installation Agreement is part of the Service Subscriber Agreement to obtain Super-Net Cable Modem Services which I have previously signed for or accepted online.
In agreeing to have the Super-Net Cable Modem Service installed, I understand that Your employee or contractor will provide installation services, including the hardware and software described below. I understand that I am solely responsible for provisioning, configuring and maintaining all equipment on My premises except as otherwise expressly stated below. I understand that compatibility of My existing hardware and software can be a major issue in the installation of cable modem services and that, as a result, it may not be possible to install the Super-Net Cable Modem Service. Current Minimum hardware requirements are a Pentium 100 (or comparable) based personal computer, 16MB of memory and Windows 95 or later software. I understand I will not be charged for this visit if I have accurately described My hardware and software to Your Customer Service Representative and this installation is still not possible.
I agree to hold harmless and indemnify You, Your employees and contractors and agents from any and all claims for direct or indirect damage to Me or another party, including for attorneys fees, resulting from this installation visit and My receiving of Super-Net Cable Modem Service.
I understand You will provide Me with a single copy of the software necessary to receive the Service, together with necessary user guides and other documentation, usage of which is subject to the Licensing Agreement enclosed with the software, if any. I understand You will also install a connection from My existing cable outlet (in the same room as the computer) to My primary computer and a cable modem and related software. Any additional equipment or work necessary to ensure that My computer or other equipment or software is capable of receiving Super-Net Cable Modem Service, such as an Ethernet card or a computer virus scan, diagnosis or repair, is My responsibility. I may choose to hire someone with whom You have a contractual relationship; but, if I do so, the responsibility for that activity is between that person and I; and I will not hold You responsible in any way for that work. I understand that Super-Net makes no representations or warranties with regard to that person or the work.
I understand that I must have and maintain an active cable TV connection from Massillon Cable TV before My cable modem can be installed and operate. It is My responsibility to contact Massillon Cable TV to request the installation of cable TV service. I understand that charges in addition to My cable modem installation and cable modem monthly service may be required for cable TV installation and monthly service.
I authorize You to enter My premises to install any necessary equipment and Service. I will not remove or relocate the Equipment, either within My premises or to another location, without Your consent. If I move locations You will automatically terminate this Agreement and I may have to initiate service at another location. I understand that the full text of the current Super-Net Cable Modem Service Agreement may change it at any time. I understand I can cancel My service upon 24 hours notice by sending an email message to firstname.lastname@example.org; if I do so, I will be subject to a cancellation charge.
I understand that there is a risk of damage to My computer. I certify that I have backed-up My computer and its programs and files, and that its programs or files which have not been backed-up have no real value.
For more information or to order services, call 330.833.4134 today!
||*All speeds listed are maximum speeds. Your speeds may vary depending on the site visited or time of day. If you do not have Cable TV service with MCTV and wish to only have High-Speed Internet service, you will be charged an additional $10.00 a month Cable Access Fee. Taxes not included. The Normal Residential Transfer Limitation on Economy Internet is 20 GB/month. The Normal Residential Transfer Limitation on Mega Internet is 50 GB/month. The Normal Residential Transfer Limitation on High Velocity is 100 GB/month. When Transfer Limitations are exceeded, $1.00 per GB will be charged. You will be notified when the normal transfer limitations are exceeded. You can also purchase an extra 10 GB/month for $5.00 (must have either Economy, Mega or High Velocity Internet service for this feature to be added). Call for details.