Residential Subscriber Agreement
REVISED NOVEMBER 2020
RESIDENTIAL SUBSCRIBER AGREEMENT
THIS AGREEMENT CONTAINS AN “ARBITRATION CLAUSE,” WHICH STATES THAT YOU AND MCTV AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION, AND ALSO CONTAINS A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST MCTV.
This Residential Subscriber Agreement (“Agreement”) sets forth the terms and conditions under which MCTV agrees to provide you, the Subscriber, with television, Internet access, home phone, home security and any other services provided by MCTV to residential subscribers (together, the “Services”). For the purposes of this Agreement, “you” and “your” refers to the “Subscriber” who subscribes to and receives one or more of the Services and “we,” “us” or “our” refers to MCTV.
By subscribing to or using our Service, you, and any person who uses the Service through your subscriber account or connection, agree that your usage will be governed by all MCTV Policies and Practices (as defined here in) in effect and modified by MCTV from time to time. The most updated version of the MCTV Policies and Practices will be posted at www.MCTVOhio.com/legal-notices. The MCTV Policies and Practices include:
• The Residential Subscriber Agreement and associated Service-specific Addenda
• Privacy Notice
• Acceptable Use Policy
• Open Internet Statement
• Other MCTV policies and practices, as published on the MCTV website
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ANY OF THE MCTV POLICIES AND PRACTICES, DO NOT USE THE SERVICES AND CONTACT MCTV TO TERMINATE YOUR SERVICE SUBSCRIPTION.
1. Term of Agreement
This Agreement shall remain in effect as long as your account remains open, valid or undeleted by MCTV. The Agreement commences upon the earlier of: (1) provision of your signature, (2) activation of Service; or (3) use of the Service. Note, certain provisions in this Agreement may continue after termination.
2. Entire Agreement
This Agreement along with its applicable addendum and the MCTV Policies and Practices that apply to your Services together constitute the entire agreement between you and MCTV and supersede any prior agreement, discussions, proposals, or written or oral statements.
3. Changes to the Services or Agreement Subject to applicable law, MCTV reserves the right, at any time, in MCTV’s sole discretion, to:
• Increase, add or otherwise modify fees and charges associated with the Service.
• Add to, modify or delete any provision of this Agreement or any of the MCTV Policies and Practices, any price list(s) and/or any applicable tariffs filed by MCTV.
• Add to, modify, or delete any aspect, feature, or requirement of the Service.
An online version of this Agreement and the MCTV Policies and Practices, as may be changed from time to time, will be accessible at www.MCTVOhio.com/legal-notices or another online location as designated by MCTV. In accordance with any applicable law, MCTV will notify you of any material change to your Services or this Agreement. Any changes will become effective upon the specified date in the notice. Your continued use of the Service following the effectiveness of any change will constitute your consent to such change.
If you do not agree to any such change, you should immediately stop using the Service and notify MCTV that you are terminating your subscription to the Service. Additions, modifications, or deletions shall be enforceable only on a prospective basis and not retroactively.
4. Your Subscriber Account
You represent to MCTV that you are at least 18 years of age. You are responsible in all respects (including payment obligations) for all uses of your account and all use by others of your account is subject to the terms hereof and any applicable tariff(s) filed by MCTV at the applicable state utility commission. For purposes of this Agreement, all use of your account, whether or not authorized by you, shall be deemed your use. You shall be responsible for ensuring that all use of your account and any usage of the Service comply fully with the provisions of this Agreement and the MCTV Policies and Practices.
Transfer of all or a portion of the account, the Service or MCTV’s equipment by you to any other person or entity, or to a new residence or other location, is prohibited.
5. Charges, Credit and Deposits
You agree to pay MCTV for your Service and for all use of your account, including applicable charges for installation, if any, and all local, state and federal fees, taxes, surcharges, and/or assessments imposed on the Service, equipment fees, charges for pay-per- use services, charges for premium channels and tiers, data usage, home phone features or home phone usage charges. Both the amounts and the types of charges for the Service are subject to change. The retail rates for services may be found on MCTV’s website, included with the pricing sheet provided, at an MCTV office location, or by calling MCTV. Recurring monthly charges will be billed monthly in advance. All charges are payable on the due date specified on the bill. If you choose to pay by credit or debit card, you authorize MCTV to charge your credit or debit card on file for all amounts currently owed. You agree to let MCTV know promptly of any change to your credit or debit card information including cancellation of any card or a lack of funds in your account for payment.
• MCTV may verify your credit standing with credit reporting agencies in accordance with applicable laws and require a deposit based on your credit standing. You expressly authorize MCTV to inquire and receive information regarding your credit, to maintain this information in our files, and to disclose this information to relevant third parties for MCTV’s reasonable business purposes.
• As permitted by applicable law, based on the information we receive from credit reporting agencies regarding your credit standing, MCTV may require you to pay a deposit as a condition of the provision of Service or MCTV Equipment. The existence of a deposit does not exempt you from the requirement to timely pay for Services when due. You authorize MCTV to use the deposit as payment toward any amount owed to MCTV.
• An administrative late charge may be charged to you in the event that you fail to deliver payment for Service provided by MCTV by the due date.
• The availability of the Service is dependent upon your maintaining current accounts with MCTV for your Services.
• If your account is past due and MCTV sends a collector to your premises, a field collection fee may be charged. The current field collection fee is listed in the list of charges on the price list and/ or any applicable tariffs or can be provided on request.
• If you discontinue your Service, or if any Service is discontinued for any reason including non- payment, you may be required, in addition to payment of all outstanding balances on all accounts with MCTV, to pay a reconnect charge or trip charge (where applicable) before reconnection.
• MCTV may charge a service fee for all returned checks and account debit, bank card or charge card chargebacks. The current service fee is listed in the list of charges on the price list or can be provided on request.
• If you wish to dispute a bill, you must notify MCTV within 30 days of the disputed bill. If you fail to notify MCTV by this date, you may waive your right to a refund or credit. If MCTV, in its sole discretion, determines that a credit is due, the credit will appear on your next monthly bill.
6. Right to Access Premises
You authorize MCTV to access the property at which the Service(s) and/or MCTV equipment will be provided to you (the “Premises”) to install, configure, maintain, upgrade, inspect, repair, change, remove or replace the Service, wiring and/or equipment to ensure proper operation and delivery of our Service. You represent and warrant that you are either the owner of the Premises or, that you are authorized by the owner of the Premises to permit MCTV to access the Premises for these purposes. You grant MCTV any and all required easements to provide the Services to you and others within the same cable system. MCTV is only obligated to make repairs to your Premises if we cause damage due to negligence on our part.
7. Installation, Equipment and Cabling MCTV may provide or lease to you, equipment, including associated accessories or software, (“MCTV Equipment”) for use with the Service. The MCTV Equipment may be provided for a fee or at no cost to you.
• The MCTV Equipment is and at all times shall remain the sole and exclusive personal property of MCTV, and you shall acquire no interest therein by virtue of the payments provided for herein or the attachment of any portion of the Equipment to your residence or otherwise.
• You will not open, alter, misuse, tamper with or remove the MCTV Equipment as and where installed by MCTV, and will not remove any markings or labels from the MCTV Equipment indicating MCTV ownership or serial or identity numbers. You will safeguard the MCTV Equipment from loss or damage of any kind, and (except for any self-installation procedures approved by MCTV) will not permit anyone other than an authorized representative of MCTV to perform any work on the MCTV Equipment.
• Upon termination of Service, for whatever reason, you acknowledge that your right to possess and use the MCTV Equipment shall likewise terminate. In such an event, the MCTV Equipment shall be returned to MCTV in the same condition as when received, ordinary wear and tear excepted. You will promptly return the MCTV Equipment or notify MCTV to schedule retrieval by MCTV. If you do not promptly return the MCTV Equipment or schedule retrieval, MCTV may enter any premises where the MCTV Equipment may be located for the purpose of disconnecting and retrieving the MCTV Equipment. Failure of MCTV to remove its MCTV Equipment shall not be deemed abandonment. You will pay the expense incurred by MCTV in any retrieval of the unreturned MCTV Equipment. MCTV may charge you a continuing monthly fee until any remaining MCTV Equipment is returned, collected by MCTV or fully paid for by you in accordance with the below. The current fee can be provided on request.
• If the MCTV Equipment is damaged, destroyed, lost or stolen while in your possession, you shall be liable for the cost of repair or replacement of the MCTV Equipment. If the MCTV Equipment is not returned to or retrieved by MCTV upon termination of Service, you will pay MCTV, on demand, the replacement cost of the MCTV Equipment without any deduction for depreciation, wear and tear or the physical condition of such MCTV Equipment. You agree that if you fail to return the MCTV Equipment, MCTV can charge your bank or credit card or account (if debit authorization has been obtained from you) the amounts described herein, in addition to any other remedies or collection efforts.
• Upon termination of Service, subject to applicable law and regulation, MCTV may, but shall not be obligated to, remove any cabling installed by MCTV on your premises.
• MCTV may change or upgrade your equipment to ensure optimal functionality with or without notice to you and you agree that such changes may be performed by MCTV at any time and in any manner.
MCTV grants you a limited, non-exclusive, nontransferable and non-assignable license to use MCTV’s software, including software from third party licensors, (together, the “Licensed Software”) solely in connection with the Service. You agree not to engage in, or permit, any copying, translation, alteration, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. Your right to use the Licensed Software terminates promptly upon termination of this Agreement or applicable Service. MCTV retains all right, title and interest in the Licensed Software and other intellectual property rights in the software.
9. Subscriber Conduct
The Service is offered and provided under this Agreement as a residential service offered for reasonable personal, non-commercial use only.
• You may not receive, use or assist others in receiving or using the Service in an unauthorized manner.
• You will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion of the Service, or otherwise charge others to use the Service, or any portion of the Service.
• The Service shall not be used in any way that may violate the law, your Agreement, third party property rights or other rights in the MCTV Policies and Practices. MCTV may suspend your account, or cancel your account with notice as required by applicable law if MCTV determines in its discretion that you have violated this Agreement or any of the MCTV Policies and Practices. If your account is suspended, you will not be charged for that period of time during which you do not receive the Service. If your account is cancelled, you will be refunded any pre-paid fees minus any amounts due to MCTV. You agree that MCTV shall have the right to take any action that MCTV deems appropriate to protect the Service or MCTV’s facilities and Equipment, including reporting incidents to law enforcement and pursuing any other available remedy or right. Although MCTV has no legal obligation to do so, MCTV retains the right to monitor the Services to ensure compliance with this Agreement.
10. Service Interruptions; Force Majeure Service interruptions may occur for maintenance, testing or other system interactions from time to time, with or without notice. Power outages may also interrupt availability of the services and may result in disruption of access to 911 service. Unless otherwise specified, you will not be entitled to a refund, credit or other compensation for such loss of service or unavailability. Should MCTV choose to issue a credit, it will be provided on the next practicable bill for the Service issued by MCTV to you. MCTV shall have no liability for interruption of the Service due to circumstances beyond its control, including without limitation, acts of God, flood, natural disaster, regulation or governmental acts, fire, civil disturbance, strike or weather.
11. Disclaimer of Warranties
THE SERVICES, MCTV EQUIPMENT AND SOFTWARE ARE PROVIDED 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 NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AVAILABILITY, QUALITY OF SERVICE OR FITNESS FOR PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLED BY, AND INCAPABLE OR EXCLUSION, RESTRICTION, OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. MCTV MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, COMPLETE, VIRUS OR MALWARE FREE. YOU FURTHER AGREE THAT ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING: MCTV DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA MCTV’S FACILITIES OR THE SERVICE, OR OUTSIDE THE SERVICE TO THE INTERNET, OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR PHONE COMMUNICATIONS. YOU AGREE THAT MCTV WILL NOT BE LIABLE FOR ANY SUCH AUTHORIZED ACCESS. YOU HAVE THE SOLE RESPONSIBILITY TO SECURE YOUR COMPUTER AND PHONE COMMUNICATIONS.
You understand that the installation, use, inspection, maintenance, repair, replacement or removal of the Services, MCTV Equipment or Software may result in damage to your computer(s) or other hardware, including software and data files stored thereon. You shall be solely responsible for backing up all existing computer files prior to the performance of any of the foregoing activities. MCTV shall not have any liability, and expressly disclaims any responsibility whatsoever, for any damage to or loss or destruction of any software, hardware, data or files. In no event (including negligence) will MCTV or any person or entity involved in providing the Services or MCTV Equipment be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Services, including the use or inability to access emergency 911/E911 services and alarm monitoring services, any action taken to protect the Services, or the breach of any warranty.
You agree to defend, indemnify and hold harmless MCTV together with its respective officers, directors, employees, agents, contractors and third party vendors (the “MCTV Related Parties”), from and against any and all claims, demands, damages, liabilities, losses and expenses, including reasonable attorneys’ fees, arising out of or related in any way to:
• The use of the Services or MCTV Equipment and/or facilities by you, or other users of your Services or account;
• Any violation of law by you, or other users of your Services or account;
• Any breach or violation of the Agreement relating to the Service;
• Any content, software, communication or transmission by you, or other users of your Services
• Any unauthorized use of the Service or MCTV Equipment;
• Any other act or omission.
13. Limitation of Liability
THE FOLLOWING LIMITATION OF LIABILITY DESCRIBES THE EXTENT OF MCTV’S OR THE MCTV RELATED PARTIES’ RESPONSIBILITY FOR ANY CLAIMS OF DAMAGES CAUSED BY ACTIONS, OMISSIONS OR FAILURES OF MCTV AND/OR THE SERVICES, MCTV EQUIPMENT OR SOFTWARE OR ANY OTHER CLAIMS INVOLVING MCTV. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT, EXCEPT FOR ANY CREDITS PROVIDED IN MCTV’S DISCRETION OR OTHERWISE REQUIRED BY THIS AGREEMENT, MCTV SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSSES, DAMAGES OF ANY KIND BASED ON BREACHES OF THIS AGREEMENT OR YOUR RELATIONSHIP WITH US OR ARISING FROM THE MCTV EQUIPMENT, REGARDLESS OF THE TYPE OR BASIS OF THE CLAIM. IN NO EVENT, WILL MCTV BE REQUIRED TO PAY YOU AN AMOUNT IN EXCESS OF ANY SERVICE FEES PAID DURING THE MONTH PRECEDING YOUR CLAIMED LOSS OR DAMAGES. THE FOREGOING SHALL CONTINUE IN EFFECT AFTER TERMINATION OF THE AGREEMENT.
THE FOLLOWING ARBITRATION PROVISION STATES THAT YOU AND MCTV AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION (EXCEPT WAIVER OF JURY TRIAL) WITHIN 30 DAYS OF THE COMMENCEMENT OF THIS AGREEMENT, AS DESCRIBED IN THE OPT OUT PROVISION BELOW. IF YOU DO NOT OPT OUT OF THIS PROVISION, YOU WILL BE BOUND TO SETTLE YOUR DISPUTE IN THE FOLLOWING MEANS.
A “Dispute” includes any claim, dispute or controversy between you and MCTV, its respective officers, directors, employees, and agents, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory.
You and MCTV agree that you will try to resolve any Dispute informally before proceeding to arbitration. Subscriber Disputes should be directed to MCTV customer service at the number listed on the MCTV website. If we are unable to resolve the Dispute informally, then except as otherwise described below, You and MCTV agree that any controversy or claim arising out of or related to this agreement (but not any claims arising out of commercial activities or the theft or other unauthorized receipt of any MCTV service on the part of you) shall be resolved by arbitration commenced within one year under the then-current commercial arbitration rules of the American Arbitration Association (or any consumer rules adopted by the American Arbitration Association to which both parties agree). No claim subject to arbitration under this agreement may be combined with a claim subject to resolution before a court of law or equity. The arbitrability of Disputes shall be determined by the arbitrator. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any court having competent jurisdiction. The arbitrator shall not have the power to award any damages in excess of the applicable limits set forth in or excluded under Sections 10, 11 or 13 of this Agreement. The Federal Arbitration Act, 9 U.S.C. §1-16, shall govern the interpretation and enforcement of this paragraph. Each party shall bear its own expenses and the cost of arbitrator(s) shall be shared except that Subscriber may recover his/ her filing and arbitrator(s)’ fees if Subscriber is the prevailing party. The parties expressly waive any entitlement to attorneys’ fees or punitive damages to the fullest extent permitted by law. Consolidated or class action arbitrations shall not be permitted.
The arbitrator shall not have the power to order pre-hearing discovery of documents or the taking of depositions, but may compel attendance of witnesses and the production of documents at the hearing. In lieu of arbitration, you and MCTV may bring Disputes before a small claims court, if the Dispute falls within the jurisdiction of the small claims court. If you bring a claim in small claims court, where legally permissible, you waive discovery in the proceeding, meaning that you agree you will not be able to depose MCTV witnesses or seek non-public documents. Opt out. You may opt out of the above arbitration provision by notifying MCTV in writing within 30 days of the commencement of this Agreement, as defined in Section 1, by sending an email to askMCTV@MCTVOhio.com or a letter via U.S. mail to MCTV, Attn: Legal, PO Box 1000, Massillon, OH 44648-1000 stating that you opt out of this arbitration provision. Your decision to opt out of the arbitration provision will not affect any other portion of this Agreement with MCTV and will remain in effect regardless of any future modifications to this Section by MCTV or your agreement to any new terms of service under this Agreement. If you enter into a new agreement with MCTV and wish to opt out of any portion of that new agreement, you will need to follow the opt out provisions specific to that agreement.
Jury Trial and Class Action Waiver. YOU AND MCTV WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AND MCTV FURTHER AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST ONE ANOTHER IN YOUR OR MCTV’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. THIS WAIVER SHALL APPLY TO ANY CLAIMS BROUGHT IN SMALL CLAIMS COURT. You and MCTV agree that this class action waiver is an essential part of our arbitration provision and if the waiver of class action is not enforceable, then the entirety of this Section 14 arbitration provision shall be null and void, except for the waiver of the right to trial by jury.
One Year to Bring Claim. YOU MUST CONTACT MCTV WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO YOUR CLAIM (EXCEPT FOR BILLING DISPUTES WHICH ARE GOVERNED BY SECTION 5), OR YOU WAIVE THE RIGHT, TO THE FULLEST EXTENT PERMITTED BY LAW, TO PURSUE THAT CLAIM. Survival. This arbitration provision shall survive termination of this Agreement.
15. Interpretation; Severability
This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and MCTV. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.
16. Consent to Electronic Notice
Unless otherwise specified, all notices required or contemplated hereunder will be provided by MCTV by such means as MCTV shall determine in its discretion. Without limiting the foregoing, you agree that MCTV may provide any notices required or contemplated hereunder or by applicable law, including without limitation notice of changes to this Agreement or the MCTV Policies and Practices, by electronic means (e.g., email or online posting), except as prohibited by applicable law.
17. Waiver Failure by MCTV to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
Unless you have entered into an Agreement with MCTV that has a specified minimum term, you or MCTV may terminate this Agreement at any time without cause by providing the other party a minimum of twenty-four hours written notice of the termination request. MCTV may also provide notice of termination by electronic or other means. MCTV may also terminate Service with or without notice to you if you fail to pay for the Service, breach any part of this Agreement; violate the law; violate any of the MCTV Practices and Policies; or improperly use the Services or MCTV Equipment. If you have entered into an agreement with MCTV for a specified minimum term, termination of Service will be controlled by the terms and conditions of such agreement and may subject you to payment of an early termination fee. Upon termination of any Service or this Agreement, for any reason, you agree to:
• Cease using the relevant Service and accompanying MCTV Equipment and software;
• Promptly return the MCTV Equipment and/or software;
• Fully pay any required fees and/or charges for the Service and MCTV Equipment.
MCTV reserves the right, but shall not be required, to delete any files, programs, data, email messages, voicemail, usernames and e-mail addresses associated with your Service.
19. Interpretation; Severability
This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and MCTV. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties as set forth herein, and the remainder of this Agreement shall remain in full force and effect.
Neither this Agreement nor any of the Services, MCTV Equipment or software may be assigned or transferred, in any part, without the prior written consent of MCTV. MCTV may assign all or part of this Agreement without notice to you and without your consent.
Portions of this Agreement will survive termination, including Arbitration (Section 14), your Indemnification of MCTV (Section 12), Limitation of Liability (Section 13), Disclaimer of Warranties (Section 11) fee and payment obligations (Section 5), claims, rights and remedies arising from a violation of this Agreement, and other terms that should reasonably be expected to continue after termination of the Agreement.
MCTV INTERNET ACCESS SERVICE ADDITIONAL TERMS OF SERVICE
The following additional terms of services are made a part of and incorporated into the Residential Subscriber Agreement (“Agreement”) between MCTV and those subscribers who receive MCTV Internet Access Service. To the extent that any of the following provisions conflicts with any provision of the Agreement, the provisions of these Internet Access additional terms of service shall govern. All capitalized terms not defined below shall have the definitions given to them in the Agreement.
1. Acceptable Use: You agree to use the MCTV Internet Access Service in accordance with MCTV’s Acceptable use policy, available at www.MCTVOhio.com/acceptable-use.
2. Modem: MCTV provides its subscribers with a free modem for use with the MCTV
network. Subscribers may utilize this modem or choose to purchase an approved model from a retailer. MCTV requires subscribers to use modems to connect to its network that are compatible with MCTV’s equipment and services and do not pose the risk of harm to the network. The modem must be a tested and certified DOCSIS 3.0 compliant modem. Information regarding compliant modems may be found at www.MCTVOhio. com/modem-compatability. As technology changes, MCTV reserves the right to update their list of approved models and require the customer to replace a previously-approved modem model that is no longer compatible.
3. Access to Third Party Sites: You are responsible for any and all charges incurred by third parties who offer goods, services, content and information through the Internet. You are also responsible for protecting your private and/or confidential information, including but not limited to your identity, credit card information or any other information provided to third parties through the Internet Service. MCTV is not responsible for any third-party content, websites, products or services.
4. Protection of Your System: You are responsible for protecting your system from viruses or other malware that may be acquired through use of the MCTV Internet Access Service.
5. Protection of MCTV System: MCTV reserves the right to take any action necessary to protect the security of its network consistent with applicable law.
6. Management of MCTV System: MCTV may manage its network consistent with applicable law. For additional information regarding MCTV’s Internet Access Service, please visit www.MCTVOhio.com/open- internet-disclosure-statement.
7. Loss of Data: MCTV shall not be held liable for any damage, loss, or destruction of any of your software, data or files regardless of the case.
MCTV TELEPHONE ADDITIONAL TERMS OF SERVICE
The following additional terms of services are made a part of and incorporated into the Residential Subscriber Agreement (“Agreement”) between MCTV and those subscribers who receive MCTV Home Phone Service. To the extent that any of the following provisions conflicts with any provision of the Agreement, the provisions of these Home Phone Service additional terms of service shall govern. All capitalized terms not defined below shall have the definitions given to them in the Agreement.
1. Tariff and Pricing: You are bound by any telephone terms of service, price list(s) and/or applicable tariff(s) on file with the applicable state utility commission and available on the MCTV website at www.MCTVOhio.com/rates and/or on file with the applicable state utility commission and/or federal regulatory authority.
2. USF: A mandatory Universal Service Fund (USF) rate will apply to your monthly bill for overall Home Phone charges. This USF rate is designed to assist those living in rural areas, low-income consumers, rural health-care providers, schools and libraries. This fee applies to all U.S. residents with telephone services. All telephone service providers in the United States are required to contribute to USF, and percentages are subject to change from quarter to quarter. For more information on USF programs, visit www.fcc.gov.
3. Phone Number Portability: You have the right to move your telephone number from MCTV to a different service provider in accordance with federal regulations. In order to transfer your telephone number to another service provider, you must request the transfer from your new service provider, not from MCTV. Once you port your number, you terminate your Home Phone Service with MCTV and all associated features supplied with that Home Phone Service. You remain liable for any charges and/or fees incurred prior to termination.
4. Home Security: MCTV installs and supports monitored security systems under the Safeguard brand. If you have a security system other than Safeguard and MCTV installs and configures Home Phone service, you must contact the provider of your alarm monitoring services in order to test the compatibility of the alarm services with Phone. MCTV will not be responsible for the cost of conducting any tests or configuring an alarm monitoring system other than Safeguard. Upon your receipt of this information, you may, for any reason, cancel your order for MCTV Home Phone service without any penalty or further obligation.
5. Backup Power for Home Phone Service: You expressly acknowledge that the Home Phone Service does not have its own power source and will not be available without an independent power supply and that, under certain circumstances, including if the electrical power and/or MCTV’s cable network or facilities are not operating, the Home Phone Service, including the ability to access emergency 911 services, will not be available. You have the option to purchase a battery backup from MCTV that is designed to ensure that the unit will continue to work during a power outage, in accordance with telephone industry standards. As long as this battery backup unit is charged and functioning, your MCTV voice service will continue to work, but you may not be able to make calls, including 911 calls, if there is a prolonged power outage. You are responsible for maintaining the battery and obtaining a replacement if the battery is no longer functioning properly.
6. Effectiveness of 911/E911 Location Services. MCTV’s Phone Service is not an Internet phone service. It is a fixed-wire line service, designed to be used on the premises in which service is installed. If you move your Phone modem to another location 911/ E911 and other emergency services will not be dispatched to the proper address. You must provide MCTV with notice at least five (5) business days prior to moving the Home Phone Service to a different location in order to allow updating of 911/E911 location databases. 911/E911 service will not be available until the location databases are updated.
7. E911 Advisory. You acknowledge that you have received and understood the E911 advisory provided by MCTV regarding the circumstances under which E911 service may not be available through MCTV’s Phone Service, circumstances including but not limited to, relocation of your IP-compatible CPE, use of a non-native telephone number, a broadband connection failure, loss of electrical power, and delays that may occur in updated location databases, as described in Section 6 above.
8. Equipment. The phone modem or Multimedia Terminal Adaptor (eMTA), that we install in your home is the property of MCTV. In the event that you relocate or disconnect service, you must return the eMTA to a local MCTV office, or arrange for it to be picked up by MCTV. If the device is not returned, you will be subject to a one-time charge for the device. You assume the risk of loss, theft or damage to the equipment at all times prior to the removal of the units by MCTV or return of the units by you.
CUSTOMER PRIVACY NOTICE
As an MCTV customer, you have a right to know what we do with your personal information that we have. We consider our treatment of such information to be a part of the trust you place in us by using our Internet, TV and, in certain areas, Phone Services (“Services”). This Customer Privacy Notice (“Notice”) applies to customers of our Services.
Personally identifiable information does not include de-identified, anonymous, or aggregate data that does not identify you individually. For example, information regarding your age would only be considered personally identifiable if it was combined with your name or other information that could identify you individually.
It is important to understand the difference between personally identifiable information and information that is not personally identifiable in order to understand protections granted to Cable, Internet and Phone subscribers under the Communications Act of 1934. The Communications Act allows us to collect personally identifiable information only:
1. If you consent, in advance, in writing or electronically;
2. In order to provide cable or other services to you; or
3. To detect unauthorized reception.
Subject to certain exceptions, we may not disclose personally identifiable information about you, except as necessary to render the Services to you or other services we provide to you in related business activities or with your consent. Prior to complying with a demand by a third party for information about you, we may notify you and you may have the right to oppose the disclosure in court. There are exceptions to this, such as disclosures to law enforcement agencies required by law. We explain below how we respond to requests from law enforcement agencies for disclosure of personally identifiable information.
INFORMATION WE COLLECT
Phone Services. In some areas we provide telephone services by “Voice over Internet Protocol” (VOIP). We do not listen to or record your calls. We do, however, monitor certain calls to our staff for quality purposes. In providing telephone services, we do receive usage information, including numbers called and received and duration of calls. We retain this information for up to two years, as required by some authorities, and we treat all such information as private.
Generally, we collect only the personal information needed to provide the Services we offer with the quality you desire and deserve. It is also our policy to keep that information secure and to retain it only as long as needed for our business purposes or as the law may require. We take reasonable precautions to identify you or your authorized representative when we receive an inquiry on your account as permitted by law. We also take reasonable steps to protect personally identifiable information from unauthorized access. We sometimes collect personal information for special reasons, such as in surveys or registering at our Web Sites. In these instances, you will be notified before it is collected, told how it will be used and may elect not to participate.
USE AND SHARING
Use Policy. We consider personally identifiable information confidential and use it only for the business purpose of providing our Internet, TV and Phone services for such things as sales, installation, operations, administration, advertising, marketing, support, network management, maintenance, customer care, communications with you, billing and collection and for accounting and tax purposes. We may also use such information to monitor for, detect, and protect against both fraud and unauthorized use of our services.
We use aggregate information about our customers and their usage for a variety of purposes. Such aggregate information does not identify individual customers. We may share aggregate information with third parties, such as audience measurement firms who may combine it with other demographic information to conduct audience analyses for our own internal business purposes. MCTV may associate personally identifiable information with aggregate information or with information from others to better offer product and service preferences to you.
NOTICE TO CABLE TV SUBSCRIBERS REGARDING VIDEO SERVICE
The information provided herein may be revised from time to time as MCTV deems appropriate and should be read in conjunction with MCTV’s Residential or Business Subscriber Agreement and associated Service-specific addenda; Customer Privacy Notice and other policies and practices as published on the MCTV website at www.MCTVOhio.com/legal-notices. The information in this notice may change in the future. We will provide notice of any significant changes at least 30 days in advance as required by law so that you may make decisions about your service needs.
PRODUCTS AND SERVICES OFFERED
MCTV offers a variety of cable TV video programming choices including a basic service tier (Lifeline) with most of the local television broadcast stations in your area, an expanded basic service tier (Basic) and, in some areas, other service tiers and packages that include additional cable programming services. In some areas, additional services and features, including premium channels, pay-per-view services, Video On Demand service and an interactive program guide are available for an additional monthly fee. Customers are required by law to subscribe to the basic service tier (Lifeline) in order to receive any other cable TV service or product. MCTV’s systems in Stark and Wayne counties and Bellaire are all-digital. Any device with an analog TV tuner must be connected to a set-top box in order to receive a viewable picture. MCTV offers customers the option to rent equipment, including set-top boxes, CableCARDsTM and/or remote controls that may be needed in order to access cable services. Newer television sets with a QAM Tuner are able to receive Lifeline and Basic (SD only) services without the need for a set-top box. Due to the differences between QAM Tuner TV sets, MCTV cannot guarantee that your QAM Tuner TV set will be able to receive all channels included in your package. Available programming and features may vary depending on the equipment you use to receive them. MCTV’s systems in Salineville and Amsterdam/ Bergholz, as well as portions of Monroe, Stark and Wayne counties, utilize IPTV technology. All television sets must be connected to a set-top box in order to receive a viewable picture. MCTV rents set-top boxes and remote controls that are needed in order to access cable services. Available programming and features may vary depending on the equipment used. MCTV’s system in Woodsfield does not require additional equipment in order to view standard definition (SD) channels. Set-top boxes are needed to view high definition (HD) channels which are available to rent from MCTV. MCTV’s system in Powhatan Point, Barton and West Virginia do not require additional equipment in order to view channels. Visit us at www.MCTVOhio.com or call us for more information regarding products and services, equipment and pricing. Business customers should contact their MCTV BusinessPro representative for product information and pricing.
PRICES, CHANNELS AND PROGRAMMING OPTIONS
A complete listing of the channel lineup can be found at www.MCTVOhio.com/channel-lineup. A full list of residential rates is available at www.MCTVOhio.com/rates and www.MCTVOhio.com/Woodsfield. Business customers should contact their MCTV BusinessPro representative for pricing information. You can also call us to obtain a printed copy of our channel lineup or rate information.
CHANGES IN SERVICE OR PRICES
You will receive notice of changes in services or prices at least 30 days in advance or as in compliance with applicable laws. You will also receive at least 30 days’ notice on any significant changes to services or policies. The notice may be provided on your monthly bill, as a bill insert, as a newspaper legal notice or information channel notice, or in a separate mailing. Additional information regarding such notices may also be found on the MCTV website.
INSTALLATION AND SERVICE MAINTENANCE
We strive to complete standard installations (up to 125’ from existing plant) within 7 working days, unless you request otherwise. We offer a variety of installation appointment options including morning, afternoon and Saturday availability. We will also schedule specific times and can call ahead upon request. MCTV will make every reasonable effort to reschedule missed service appointments at a time that is convenient for you. Someone over the age of 18 years of age with a photo ID must be present during installation. If a landlord provides access at your request, the landlord or their representative must remain on the premises during the installation. If someone other than the account holder is present for the installation, that person must also be authorized to accept responsibility for the account on behalf of the account holder. Payment for installation work, security deposits and monthly service charges must be paid in advance or at the time of installation. Positive identification may also be required. If you are not the owner of the premises, you must obtain the consent of the owner for the requested services. You shall indemnify and hold MCTV harmless from and against any claims of the owner of the premises arising from the installation.
MCTV uses advanced electronic equipment to provide you with reliable service and quality picture and sound. MCTV technicians periodically perform maintenance work on cable systems, causing minor maintenance outages to a number of customers. However, most customers will not even notice a disruption in their service. If your cable is not working, please contact us to see if you are located in a maintenance outage area.
IDENTIFYING EMPLOYEES AND AGENTS OF MCTV
MCTV employees and contractors will carry identification badges and/or wear uniforms.
ACCESS TO CUSTOMER PREMISES
By ordering service, you agree to allow employees and agents of MCTV access to your premises at reasonable times to inspect and maintain the cable equipment at your service address and, upon termination of service, to remove the equipment. MCTV is not deemed to have abandoned equipment that it does not remove.
Please notify us several days prior to your move so that we can arrange to transfer your service to your new home or office.
HOW TO USE YOUR CABLE SERVICES
For information regarding the use of your MCTV cable TV service, refer to the information provided in your welcome kit, visit us online at www.MCTVOhio.com/TV-support or call us.
BILLING, CHARGES AND FEES
Monthly services are billed one month in advance and payment must be received on or before the bill’s due date. Your itemized bill will show monthly recurring service charges; one-time charges including Video On Demand or pay-per-view purchases; taxes and fees; credits on your account and may also contain special billing messages. Monthly statements are sent to subscribers with a positive balance due only. Customers may choose to receive their monthly statement through the mail or via email. You may sign up for eStatement at http://YourStatement.MCTVOhio.com. You can pay your bill through the mail, online, in-person or over the phone. You may also set up automatic payments through your checking account or credit/debit card. For more information, visit us at www.MCTVOhio.com
Charges or credits for partial months of service will apply when a service is cancelled or changed and will appear on your next bill. Additional, one-time charges may be charged for requested changes to your service. Customers adding and cancelling the same service within a 30-day period may not receive a pro-rated fee for that service. A late fee will be added to balances not received by the due date shown on the bill. A 30-day grace period is extended to subscribers with a current balance only. All checks returned for non-sufficient funds will incur a service charge and you will need to make arrangements to replace the returned check with a cash, money order or credit card payment within 10 days from the date of written notification. Otherwise, your services will be disconnected and a collection fee may be assessed. It is your responsibility to report billing errors immediately upon receipt of your bill. MCTV is not responsible for disputed service charges or errors not reported within 90 days of initial billing. Contact us immediately if you think there is a mistake on your bill. You will need to provide us with the following information: your name and account number; the dollar amount in dispute; and a description of the error and why you believe it is an error.
DISCONNECT POLICY & REFUNDS/CREDITS
A request to disconnect cable service can be made at any time. Billing for service will stop on the day you request the service to be discontinued, subject to billing for applicable fees and outstanding balances on your MCTV cable TV and/or other services. Equipment remains the property of MCTV and must be returned promptly or you will be charged for a replacement. If your request to disconnect service occurs before the end of a billing period, MCTV will refund the pro-rated amount. Refunds to active subscribers are credited to the account. Refunds to inactive subscribers are mailed or given in cash at our offices. Refund checks are prepared monthly. MCTV does not charge a disconnection or termination fee for any services.
If your service is suspended or disconnected for non- payment, we require full payment of the balance and a reconnection fee. You may also be required to pay a security deposit.
Customers can direct cable TV billing or service complaints to MCTV at the telephone number listed on your bill. If you believe MCTV has not properly resolved your issue, you may contact your local franchise authority listed below and on the back of your bill.
THEFT OF CABLE SERVICE
Unauthorized cable hook-up or cable theft is a crime that is punishable by fines and/or imprisonment.
If you can see images or hear sound from scrambled premium adult or other channels that you do not subscribe to or you do not want to receive a free preview of any premium channel that MCTV notifies you it is offering, you may contact us at the number on your monthly bill for information on tools to block the channel.
TELEVISION PICTURE QUALITY
If you experience problems with the quality of television signals you receive, please call us at the telephone number listed on your bill. We can often resolve your problem over the telephone. If this cannot be done, we will set up an appointment for a skilled technician to come to your home or office. If, in your opinion, the service technician fails to correct the reception problem, you should call us again and we will review the actions taken. Should we continue to be unable to resolve the problem to your satisfaction, we will explain the reasons we cannot solve the problem. You may also refer to your cable bill or call the local customer service number listed on your bill for the address of your franchise authority contact designated to receive consumer complaints.
TELEVISION EQUIPMENT COMPATIBILITY
Most modern television sets and DVRs sold in retail outlets are certified cable compatible (“cable ready” or “digital cable ready”) and can receive, when connected directly to the cable service, all unencrypted television channels carried on the cable system. MCTV’s cable systems that are 100% digital may encrypt (or “scramble”) all channels above the basic service level (Lifeline). Encrypted channels cannot be viewed without a device that can decrypt their signals, which may be either a cable set-top converter compatible with and authorized by MCTV or a certified CableCARD-compatible device purchased from a retail outlet that is equipped with the CableCARD technology described below. Please note that CableCARD-compatible devices purchased from a retail outlet will not work in IPTV systems or systems that are analog-only.
CABLE CONVERTERS - ALL-DIGITAL SYSTEMS ONLY
If you have a certified cable-ready or digital cable-ready TV or display device, you may not need a set-top converter to receive services that are unencrypted. However, some models of TVs, VCRs and DVRs —especially older TV sets that are not “cable ready” — may not receive all of the channels offered when connected directly to the cable system. If your TV, VCR, or DVR cannot receive all of the channels you desire or the channels you want to view are encrypted, you may: (i) obtain a set-top converter from MCTV for a nominal monthly charge; (ii) obtain a CableCARD from MCTV at a low monthly charge (if your equipment is a certified CableCARD-compatible device); or (iii) purchase at retail, if available, a different certified CableCARD- compatible device capable of accessing all the cable services you want. If you plan to access cable services that we scramble or encrypt, you should make sure that any set-top converter, navigation device, television, or other display device you purchase is compatible with MCTV’s cable system and is capable of working with separate security devices (CableCARDs) that we must provide for your equipment to access encrypted services. Devices sold in retail outlets that are labeled as “digital cable ready” are certified to comply with the FCC technical standards and will have completed a testing and verification process, indicating that they are compatible with MCTV’s network. Upon request, we will provide you with the technical parameters that are needed for any device to operate with our security cards and cable system. Unless authorized or provided by MCTV, the use of converters with internal or external descrambling units is illegal. Set-top converters, CableCARDs, and other devices offered by MCTV and other cable operators generally are not interchangeable among various cable system networks because they typically incorporate firmware that is proprietary to the system in which they previously were installed, or system-specific and configured internal CableCARDs that were designed to perform conditional access functions on the specific system in which they were installed, or both.
If you use a cable set-top converter, you also may be unable to use all the internal special features and functions of your TV or DVR tuner. These may include features that allow you to view a program on one channel while simultaneously recording a program on another channel; record two or more consecutive programs that appear on different channels; and use advanced picture generation and display features such as “Picture-in-Picture,” channel review and other functions that necessitate channel selection by the device’s internal tuner. You may be able to resolve these issues (and other compatibility issues associated with the reception of programming services) through an additional converter or other equipment that is available for lease from MCTV upon request, or from another electronics retail vendor. Please call us at the telephone number listed on your bill for technical assistance with questions about the type of special equipment needed to resolve individual compatibility problems.
CABLECARDSTM - ALL DIGITAL SYSTEMS ONLY
Certified CableCARD-compatible TVs, DVRs, and other display devices are sold with a port for a CableCARD, which when properly configured can descramble encrypted channels and can substitute for a cable set-top converter. However, these devices (often referred to as UDCP devices) are generally only capable of processing “one-way” signals and therefore may be unable to access interactive or two-way services offered by MCTV, such as Video On Demand, pay-per-view and the interactive programming guide
MCTV includes a remote control unit with its set-top converters. Some television, VCR or DVR remote controls are also capable of controlling the basic features of your set-top converter. “Universal” remote control units that are compatible with the basic features of set-top converters may also be obtained from many other sources, such as consumer appliance, electronics outlets or over the Internet. These universal remote controls may not be compatible with all set-top features or services. To use a universal remote with MCTV, the remote must use an infrared format compatible with our set-top boxes. For additional information regarding remote controls, contact us at the number listed on your monthly bill.