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High-Speed Internet Terms of Service

Cable Modem Service Subscriber Agreement

This Agreement (“Agreement”) is between MCTV (“You” or “Your”) 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 which you agree to provide me with your Service and Software. This Agreement includes the MCTV Cable Modem Service Terms of Use, the MCTV Cable Modem Service Installation Agreement and all other information included in the MCTV Subscriber Handbook.

  1. You 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. 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 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 MCTV by telephone or in writing before such move. If MCTV finds that the modem has been moved to another location either within the residence or business or to another location, MCTV, at its discretion, may charge the customer standard installation charges if a service call is required to restore service.

2.2.      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.

  1. If I have any questions or concerns regarding this Agreement or the Service, I can contact You via email at AskMCTV@MCTVOhio.com, by phone at the phone numbers listed at the bottom of the page or at MCTV, P.O. Box 1000, Massillon, OH 44648-1000.
  2. 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.
  3. 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, MY USE OF THE SERVICE OR MY 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.

  1. 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.
  2. 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.
  3. 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 am 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.

  1. 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.
  2. I understand that the cable modem is the property of MCTV. I will use reasonable care in safeguarding the modem from damage. I will promptly return the cable modem to MCTV upon termination of My service.
  3. 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.
  4. 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.
  5. 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 www.MCTVOhio.com 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 the Policies and Practices section of this document.
  6. This Agreement shall be governed by and construed under Ohio law.
  7. 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.
  8. This Agreement, along with the Terms of Use, Installation Agreement and all other information included in the MCTV Subscriber Handbook, constitutes our entire agreement regarding its subject matter and supersedes all prior written and oral agreements. Your failure to insist on strict enforcement or Your course of conduct shall not be construed as a waiver of any provision.

Cable Modem Service Terms of Use

This agreement, along with the Service Subscriber Agreement and Installation Agreement and all information included in the MCTV Subscriber Handbook, is the complete agreement between MCTV and the Internet user.

MCTV may discontinue or change the services offered and/or modify the terms and conditions of this agreement at any time. Changes, modifications or additions are updated regularly. If You do not agree to these terms and conditions, please notify MCTV via telephone or in writing 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 an MCTV server. The Internet User may cancel this agreement at any time, for any reason by providing MCTV proper acceptable written notice in accordance to the terms stated herein.

  1. Indemnification

2.1.      The Internet User acknowledges that MCTV makes an honest effort to keep the software, data and information available on MCTV's servers accurate. MCTV has no control over any information, data or software that is available through the Internet. MCTV 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 MCTV is always at the risk of the Internet User.

2.2.      The Internet User agrees to indemnify and hold MCTV harmless from any and all claims, including attorney's fees, resulting from the Internet User receiving MCTV Cable Modem services or software that causes direct or indirect damage to the Internet User or another party.

  1. Accounts and Use of Services

3.1.      The Internet User agrees to maintain a secure password.

3.2.      The Internet User agrees not to use MCTV Cable Modem services to make unauthorized attempts to access the computers, accounts, files, systems and networks of others.

3.3.      The Internet User understands that MCTV provides a cable modem at no charge. You may provide your own cable modem in accordance with our Cable Modem Compatibility Guidelines below.

  1. Net Etiquette

4.1.      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.

  1. Abuse of Services

5.1.      Usage of MCTV resources that disrupts the normal use of MCTV servers, other Internet hosts and/or other MCTV 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.

5.2.      Depending on the nature and the severity of the abuse, the user may have their account suspended by MCTV. Occasionally, unintentional misuse is misinterpreted as intentional misuse. Customers who believe their activity has been misinterpreted may appeal to MCTV.

5.3.      MCTV 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.

5.4.      Harassment of others via the use of MCTV access is grounds for account cancellation.

5.5.      Operating a web or other publicly accessible server via an MCTV cable modem is prohibited.

5.6.      Providing Internet access to a user at another location via the cable modem is prohibited.

5.7.      Spamming (the sending of large volumes of unsolicited email) is considered to be an abuse of service. MCTV 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.

  1. Copyrighted and Public Domain Material

6.1.      Public Domain materials may be downloaded or uploaded using MCTV access. The Internet User accepts all responsibilities and assumes all risks that are associated with the determination of whether or not material obtained via MCTV is in the public domain.

6.2.      As provided by United States law and by International treaties, copyrighted materials (like, images, text and software) may not be uploaded using MCTV 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.

6.3.      Notice: Some materials on the Internet and provided by MCTV 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.

  1. Electronic Data Services Provided

7.1.      MCTV 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.

7.2.      MCTV 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.

  1. MCTV right reserved

8.1.      MCTV reserves the right to refuse service to anyone for any reason, as within MCTV's rights as a business entity in accordance with the laws of the Internet User's State.

  1. Effective Date

9.1.      This agreement became effective upon the opening of the Internet Users new account.

Cable Modem Service Installation Agreement

This Agreement is between the Subscriber (“I” or “Me” or “My”) on the one hand, MCTV, 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 MCTV Cable Modem Services which I have previously signed for or accepted online.

In agreeing to have the MCTV 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 MCTV Cable Modem Service.

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 attorney’s fees, resulting from this installation visit and My receiving of MCTV Cable Modem Service.

I understand You will install a connection from My existing cable outlet (in the same room as the computer) to My primary computer and a cable modem. Any additional equipment or work necessary to ensure that My computer or other equipment or software is capable of receiving MCTV 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 MCTV makes no representations or warranties with regard to that person or the work.

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 MCTV Cable Modem Service Agreement may change it at any time. I understand I can cancel My service in accordance with MCTV’s Cancellation Policy; 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.