This SERVICES AGREEMENT (the "Services Agreement") constitutes your agreement with T.V. Service, Inc., d/b/a/ TVS Cable, P.O. BOX 1410, HINDMAN, KY 41822 (hereinafter "TVS Cable” or "TVS CableNet"), or Thacker-Grigsby Telephone Company, Inc., P.O. BOX 789 HINDMAN, KY 41822 and (hereinafter "Thacker Grigsby”) for one or more of the following services: Cable Television service, Internet access/transmission service ("Internet Service"), Voice Over Internet Protocol phone service ("VOIP”), and/or Digital Cable video service (collectively "Service” or "Services”) as it pertains to your use of the Services at your residence or place of business. In this Services Agreement TVS Cable, TVS CableNet, and Thacker Grisby are also referred to as "we", "our", "us”, or "Company”, and you are also referred to as "you", "your" or "Customer". If you subscribe to a service that is covered in whole or in part by a filed tariff, the terms of service are also subject to the terms of the tariff. In the event of any conflict between the tariff and this Services Agreement, the terms of the tariff shall take precedence.
Services Agreement: We agree to provide to you, and you agree to accept from us, one or more of our Services at your residence or place of business. By ordering and using the Services, you and all members of your household and their guests or your employees agree to be bound by and are obligated to use the Services under and in compliance with the terms and provisions of this Services Agreement and any applicable tariff. We reserve the right, at our discretion, to change, modify, add or remove the terms of this Services Agreement at any time upon reasonable notice to you by bill notice or insert, text message, or email. Details of the changes will be posted on our web site as well as the revised Services agreement. Your use of the Services after thirty (30) days following such notice shall constitute your acceptance of such modification(s) as an amendment to this Agreement. Any applicable tariffs may be modified in accordance with applicable laws and regulations, which may not include notice to you. To the extent permitted by law, you waive any and all objections you may now or hereafter have to the enforceability of this Services Agreement against you, specifically including, but not limited to, any objections or claims that it is a shrink wrap or contract of "adhesion."
General Usage Terms and Conditions for All Services: Company shall not have any responsibility for operation maintenance, or repairs of the Customer television set or any other Customer-provided equipment. Any equipment sold by Company to Customer will be subject to the manufacturer’s warranty, if any. The Customer shall not disturb, alter, or remove any equipment or cable owned by Company, and will safeguard such equipment from injury or damage, and will not permit anyone other than a representative of Company to perform any work on said equipment. Company may make periodic external inspections of it outlets and equipment upon the Customer’s premises during office hours. The Customer does not acquire any rights or privileges hereunder which are subject to assignment or transfer. In the event the Customer is not the owner of the premises in which the Company’s equipment is to be installed, the Customer warrants to Company that he has the consent of the owner of the premises for Company to make installment and maintenance contemplated by this agreement.
License: During the terms of this Services Agreement, we grant you a non-exclusive, non-transferable, limited license to use the Services to access the Internet or communicate by phone at a single residence or business location. Except for the license granted herein, all rights, title and interest in "data" accessed by you in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of Company or other contributors of data. If you are a residential customer, your right to use the services of Company extends to all members of your immediate family residing within the same household. If you are a business, the right to use the Services of Company extends to all of your employees at the single location; however, you also agree that your use is limited to one cable connection at a time per account unless otherwise agreed in writing with us.
Age of Customer: If you are less than 18 years of age, the Services Agreement must be accepted by a parent or legal guardian who is responsible for all charges and bears all liability related to the use of the Service account(s). By accepting this agreement, the parent or legal guardian recognizes that Company does not control content or subject matter of data or other information available on the Internet, and agrees to supervise any access to the Internet by minors.
Digital Cable And Internet Access Equipment Usage Terms: We will deliver to the Customer’s premises the necessary cable video equipment (such as GI DCT-2000, for example) for Customer’s use, in connection with this agreement and we may also provide equipment to access the Internet and services offered over the Internet, such as a modem or Multimedia Terminal Adapter ("MTA”). [BH1] Unless purchased, all equipment we provide is, and shall remain, the sole property of Company. All equipment is uniquely identifiable and addressable. We may deactivate it remotely without advance notice or permission of the Customer if necessary to prevent harm to our network or in the event the Customer uses the equipment contrary to the terms of this Service Agreement. Further, with regard to such equipment, the Customer agrees: 1) To use the equipment for the purpose of receiving the Services ordered form Company and for no other purpose; 2) To prevent any connections to the equipment which are not expressly authorized by Company (any such unauthorized connection or tampering is considered unlawful) and not to connect any device that is harmful to the Company network or other users of the network; 3) To prevent tampering, altering, or repair of Company equipment by any person other than authorized personnel; 4) To assume complete responsibility for improper use, damage, or loss of such equipment regardless of cause; 5) To return the Company equipment in good and complete (including accessories, such as remotes or cables) condition, ordinary wear and tear resulting from proper use accepted, within five business days after service is disconnected and, if not returned, to pay the cost of the equipment (Customer’s credit card, if on file, will be billed accordingly). Customer agrees that the "set top box” is valued at $300.00 and remote is valued at $10.00. Any damage to equipment may forfeit some or all of Customer’s deposit. Any total destruction, damage or loss would result in Customer’s account being charged the full amount for equipment as liquidated damages, plus all collection costs including attorney’s fees in the event Customer fails to promptly pay. You agree and understand that you may be criminally liable for theft of service for such unauthorized connections and that any unauthorized equipment found attached illegally may be removed by Company.
Home Computer: It is Customer’s responsibility to ensure that their computer or other Internet-capable devices have the necessary and compatible hardware and software to use our Services. We reserve the right to reschedule the installation after these requirements have been met if the computer is not compatible with our Internet Service and equipment. NOTE: Minimum system requirements may not be capable of processing information at the same speed as the Internet connection you purchase. This may result in the perception that the Internet speed is slower than it actually is. In order to utilize VOIP service, you must have a minimum 1.5M data package.
Customer's Use of Company Network: You agree that the Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening, unlawfully indecent or obscene, or material protected by trade secret. You agree not to use the Services, including but not limited to, the modem/power supply, connected devices and any software provided by you or us for any illegal, abusive or fraudulent purpose, or to achieve unauthorized access to any computer systems, software, data or other copyright or patent-protected material. If you do, you acknowledge that you may be referred by Company to appropriate law enforcement agencies.
Internet Usage: Your Internet Service is offered solely for, and intended for use by, households and small businesses ("mass market” customers, as defined by the FCC) whose use of Internet services is incidental to their primary business purpose. The service is not intended or designed for use by medium or large commercial enterprises, for resale of service, or for businesses whose primary purpose is offering of goods or services via the Internet[BH3] . Accordingly, your account is a single user, non-server, and unlimited access account only. PROXY servers are NOT allowed under any Company Internet Service Account, and customers who attempt to connect more than one machine to a given modem via PROXY of any type (Win-Proxy, Win-Gate, etc.) will have their service disconnected. A Company Internet Service Account CANNOT be used to run a server of ANY kind. Examples of servers that cannot be run include, but are not limited to, FTP, HTTP (Web), email (POP and SMTP, IMAP, etc.), DNS, NNTP, Chat and Instant Messenger, File Sharing or Peer-To-Peer, Streaming Audio and/or Video, and PROXY. These services are capable of over-utilizing the bandwidth that all Company Modems share. If we find you operating a server, you will be asked to remove it. Should you not remove the server from usage, your account and Internet access will be suspended, and your activity may be referred to local law enforcement authorities. Repetitive suspensions (as defined by) Company for violation of this rule will result in termination of Internet Service without the option to obtain a new account. Any user of the Company system that violates ANY of the above rules will be subject to account cancellation at our discretion without recourse or refund.
Usage of Routers to provide connection to more than one computer:Subject to the forgoing usage restrictions, Customers are permitted to use a router, either wired or wireless, to provide access to multiple computers or phones within the same residence or place of business. There is no limit to the number of computers or phones you can connect at the residence or place of business, but any connections requiring the connection of multiple computers, gaming consoles, or any other Internet capable devices MUST use a router. The use of ANY other means to connect multiple devices to the service will result in IMMEDIATE SUSPENSION of service until the issue is corrected. Please note that using multiple computers on the Internet simultaneously can and will affect your connection speed at one computer and voice quality on your VOIP phone service. Any type of router, either wired or wireless, may NOT be used to provide access to computers or phones that do not reside within the same residence or place of business. Any such connections can and will be treated as "theft of service”, and suspension or termination of service is possible as a result. All routers must be provided by Customer, and it is Customer’s responsibility to setup and maintain their own home network or router. We may ask you to bypass the router and connect the modem to a single computer to troubleshoot issues that may be caused by a router or home network. We have NO responsibility for the unsuccessful use of routers to connect multiple computers to our service.
Ownership and Use of Equipment; Software License: The modem, phones, Integrated Access Device, cables and power supply equipment that we lease to you will at all times be our property. We further grant you a limited, non-exclusive license to use any software we provide for your use in connection with the Services only. This license expires upon termination of this Agreement, or disconnection of Services. All routers either wired or wireless, are the sole property and responsibility of Customer. We have no responsibility for any use or issues with routers that may be used by our customers.
Installation of the modem software: When any software associated with the modem is installed on your home computer, the system files may be modified. The opening of your home computer and/or the installation of software may disrupt the normal operations of your home computer or cause the loss of files. We are NOT responsible for any such loss. WE STRONGLY RECOMMEND THAT YOU BACK-UP ALL FILES PRIOR TO INSTALLATION. Backup should be performed prior to the scheduled installation appointment and is entirely the Customer’s responsibility. Company and all its affiliates have NO responsibility for any loss of data or corruption of hardware resulting from the installation of the modem and/or software.
IP Addressing: We will provide your modem with ONE dynamically assigned IP address per service account, as a component of the single-user Service. You agree not to alter, modify or tamper with the IP address or those of any other person connected to the service. We will recover the IP address upon disconnection, discontinuance, or termination of the Internet Service. We reserve the right to terminate or reclassify the Services to standard cable-only service for failure to comply with any portion of this Agreement.ANY customer found to be using more than one IP address is subject to immediate suspension of Internet Service until the matter is corrected and Customer is only utilizing ONE IP address.
Connection Speeds: The Internet connection speed purchased with your account is the maximum speed available for that package. There is no guarantee that the connection will run at the specified speed consistently. Due to the nature of the Internet in general, no speed can be guaranteed to be constant. We will make every effort to provide you with the maximum speed you purchased, but the speeds can and will vary depending upon numerous conditions, both internal and external. The speed you purchased should be available from your modem to our server, but we cannot guarantee any speeds once it has gone outside of our network.
Online Internet Speed Tests: We do NOT recommend the use of any online speed test to rate your service speeds. These online speed tests have been proven to be extremely unreliable, and are normally not accurate. This is due to the fact that once information leaves our server, its performance depends entirely upon all the other networks it must pass through to reach its destination, plus all the networks it must pass through when returning to you. Any and all complaints based solely upon an online speed test will be given lower priority than more serious issues, such as an outage. Further investigation and troubleshooting steps will be necessary for further technical support relating to your service speed.
Access and Interruptions of Services: We will make all reasonable efforts to provide the Services to you twenty-four (24) hours per day, seven (7) days per week. It is possible that there will be interruptions of the Services. There will be interruptions occasionally, when required, to upgrade, replace, or repair our equipment to provide a better quality of service to our customers. The Internet Service is an Ethernet-like protocol service spread over a shared network that coexists on your telephone, cable television, or fiber network service, and you and all other users share a finite amount of bandwidth. We will manage the Services to provide appropriate bandwidth as needed. However, you acknowledge and agree that the Services may be temporarily limited, interrupted or curtailed due to system capacity limitations imposed or experienced by the underlying communications carriers, acts of God, governmental actions, force majeure, or because of temporary equipment or systems failures or modifications, upgrades, maintenance, repairs or similar activities required or appropriate in connection with the delivery or improvement of the Services. The Services should not affect the telephone service nor the video programming portion of your cable television service, and any problems with your video programming services should be reported to the local cable TV office by telephone.
Use of Other Software and Internet Services: While we do not restrict any legal usage of the Services by Customer, we hold NO responsibility or liability that any Software Programs or Internet sites or applications will function properly on our Internet Service. We cannot guarantee that any software or application will work, nor provide any support for software or applications not provided by us. This includes, but is not limited to: any Peer-2-Peer software, any Virtual Private Network software, any email client software (Outlook, etc.), any Internet web browser, any website, any instant messaging software, or any other software we do not provide. Support for any such software, application, or service, other than the disclosure of Internet settings related to our Internet Service, MUST be obtained from the manufacturer of that software or service.
Use of Firewalls, both Software and Hardware Firewalls: While we have no restrictions upon the use of firewalls by our customers, either hardware firewalls or software firewalls, we CANNOT guarantee their compatibility or functionality while connected to our Services. Any such firewall used by Customer is solely Customer’s responsibility to properly configure, maintain, and use properly. Since firewalls can deny access to Internet Service, it is possible we may ask you to disable the firewall to try to resolve any issues with your service. If you choose not to allow the firewall to be disabled to troubleshoot any Internet issue, we CANNOT assume responsibility for any Internet Service that is not working properly.
Use of the Internet Service for Online Gaming: Our Services may be used for online gaming purposes. Our Services is compatible for use with PC games, Microsoft X-Box® system, Sony Playstation® system, and Nintendo Gamecube® system[BH4] . While we allow the use of our Internet Service for online gaming, we hold NO liability or responsibility for the successful use of our service for this purpose. We WILL provide you with the necessary settings that may be required to connect any such system, but ALLsupport for properly configuring the system is the sole responsibility of Customer and/or system manufacturer. If the Internet Service is working at the residence and we have provided you with the settings for any such system, we hold NOliability for an unsuccessful use of any game and/or system.
Email Addresses Usage and Email Notifications: We can provide you with at least one email account included with the Internet Service package you have chosen[BH5] . We send out any and all changes to the Services Agreement, any scheduled maintenance/outages, and any correspondence related directly to the Internet Service through these accounts. If you opt not to take an email address from us, we will ask you to provide us with your current email address, so we may send these notices to you. If you choose not to provide us with your email address and do not opt for one of our email addresses, then we hold no liability for any failure to give notices for any disruption of Services or changes to our Services Agreement, or any liability for disruption of Services as a result.
Email Privacy: We do not sell, rent, disclose, or trade the email addresses of our customers to anyone, for any reason. We try to provide the highest level of privacy regarding email addresses possible. We hold no liability for the accumulation of spam, or junk email. You agree that by using our email services it is possible to receive spam, junk mail, or unwanted emails. We hold no liability for any content, messages, attachments, or any virus threats that are possible as a result of the email service.
Email Virus Scanning and Email Spam Filtering: We DO provide email virus scanning and email spam filtering for all email accounts provided by our Services. This includes ONLY tvscable.com email accounts. While we do scan for viruses and provide spam filtering, you acknowledge that it is POSSIBLEyou will still receive some email viruses and spam emails. We CANNOTguarantee you will not receive any such emails, but we do make every effort possible to help prevent such email from reaching you. It is POSSIBLEbecause of providing this service; you may NOT receive valid emails on occasion. If you believe this is the case, please notify us immediately to have the issue corrected to the best of our abilities. You also acknowledge that we have NO responsibility or liability for ANY content received fromANY email account, either provided or not provided by us. ANYservices and problems arising from the use of such email accounts (email addresses such as Gmail, Yahoo, etc.) are the sole responsibility of the provider of that email service.
Email Liability: While we provide you with email service, we CANNOTguarantee the delivery of any email to any account. We make every reasonable effort to ensure our customers receive all their email, but we cannot guarantee that all email will be delivered to your account. There are numerous external factors, which are out of our control, which may keep email from being delivered. We hold NO liability for any email not received by you, Customer.
Protection of Email Passwords; No Resale: You are responsible for the use of your email account(s), and the confidentiality of your email password(s). We will suspend your email access or change your email access to the Service immediately upon notification by you that your password has been stolen, lost or otherwise compromised. You must notify Company of any known or suspected unauthorized use(s) of your email account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your email password. You also agree not to resell or redistribute access to the Services in any manner. The prohibition on resale of access includes, but is not limited to the provision of email, FTP and Telnet access, or any other Internet access or website hosting services.
EMERGENCY SERVICES-911 DIALING (pertains to VOIP)
Availability of Traditional 911 or E911 Dialing Service: You acknowledge and understand that the VOIP service provided by the Company supports traditional 911 or E911 access to emergency services where made available by the county or municipality having authority for such 911/E-911 service. Company does offer a 911/E-911 type service available only on Company Devices as described herein. Please contact Company to see if service in the area you are in accommodates 911/E-911. E-911 service is similar to the service of traditional incumbent landline telephone E-911 service. E-911 calls are directed to the agency in each county that has control of E-911 provisioning. With E-911 calls, the calling telephone number, name and address will be provided to the emergency answering center as directed and proved for by the controlling agency in each county. Company will provide to such agency the telephone number, name and address as provided by you (Customer) when signing for the service. If you move your location within the same county and you want the address updated for E-911 purposes you must notify Company so that we may update your address for billing and 911 emergency information purposes. Such notification shall be provided by the party responsible for the service. If such notification is not received as described by Company, and if the device is moved to a different address and if a call is made to 911 then the emergency agency receiving the call will most likely receive the address information as originally provided by you, Customer, to Company. Where E-911 service is not available, Company will NOT provide Service.
Description of 911-Type Dialing Capabilities: Company relies on third parties (those agencies responsible for the provisioning of E-911 data bases and call delivery in each county and or responsible municipality) for the forwarding of information underlying such routing, and accordingly Company and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. You acknowledge and understand that the Public Safety Answering Point (PSAP) and emergency personnel may or may not be able to identify your phone number in order to call you back or identify your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement. Neither Company nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Company. You agree to indemnify and hold harmless Company and its third party provider from any claim or action arising out of misroutes of 911 calls, including but not limited to your failure to provide Company with correct address information and/or any future change of address.
Failure to Designate the Correct Physical Address When Activating 911 Dialing: Failure to provide the current and correct physical address and location of your Company equipment in your service request may result in any 911/E-911 communication you make being routed to the incorrect local emergency service provider or that responding emergency personnel may be sent to the wrong address. This address must be the actual physical street address where you are located, not a post office box, mail drop or similar address.
Requires Notification to Company if You Move or Change Location within Company’s Service Area: If you move to a new address where Company provides 911/E-911 service and you fail to notify Company of your new address, you acknowledge and understand that 911 dialing may not function properly. Failure to provide the current and correct physical address and location of your Company equipment may result in any 911 dialing you may make being routed to the incorrect local emergency service provider and/or emergency personnel being dispatched to the wrong location.
911 and E-911 Does Not Function without Broadband Connection and/or Power: You acknowledge and understand that Company’s VOIP service does not function in the event of power failure. You also acknowledge and understand that VOIP service requires a fully functional broadband connection to the Internet (which may or may not be provided by Company) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet service provider (‘ISP’) and/or broadband provider, the service will not function, but that you will continue to be billed for the Service unless and until you or Company terminate the service in accordance with this Agreement. Should there be an interruption in the power supply or ISP outage, the service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require Customer to reset or reconfigure equipment prior to utilizing the service. Power disruptions or failures or ISP outages will also prevent dialing to emergency service numbers including the 911/E-911 calling feature. Should Company suspend or terminate your Services or VOIP service, the service will not function until such time as Company restores your Services (which may require payment of all invoices and reconnection fees owed by you or cure of any breach by you of this Services Agreement).
Possibility of Network Congestion and/or Reduced Speed for Routing or Answering 911: Although network routing for 911 calls is engineered by the parties responsible for the network to accommodate 911 calls within an acceptable number, you acknowledge and understand that there is a possibility of network congestion and/or reduced speed in the routing of a 911/E-911 communication made utilizing your Company equipment. You understand and acknowledge that Company relies on third parties for the forwarding of information underlying such routing, and accordingly Company and its third party provider(s) disclaim any and all liability or responsibility in the event such information or routing is incorrect. Company or its officers or employees may not be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to 911 dialing unless it is proven that the act or omission proximately causing the claim, damage, or loss constitutes gross negligence, recklessness, or intentional misconduct on the part of Company.
Education of Your Household Residents, Guests and Others: You agree to inform any household residents, guests and other third persons who may be present at the physical location where you utilize VOIP services of the non-availability of traditional 911 or E911 dialing from your Company service and Device(s) and/or the possibility that the emergency service that answers a 911/E-911 call may not have the appropriate address location and that the caller may be required to give such information at the time of the call, if you have not updated your current address information. You also agree to inform your family, household residents, guests and any other users of the VOI services of the 911/E-911 information and issues as described in this agreement.
VOIP SERVICE OUTAGE AFFECTS 911 DIALING
Broadband Service / ISP Outage or Termination / Suspension or Termination by Company Cable: You acknowledge and understand that service outages or suspension or termination of Services by Company will prevent ALL Services including 911/E-911 dialing.
Power Failure or Disruption: You acknowledge and understand that 911/E-911 dialing does not function in the event of a power failure or disruption. Should there be an interruption in the power supply, the Services and 911/E-911 dialing will not function until power is restored. A power failure or disruption may require Customer to reset or reconfigure equipment prior to utilizing the Services or 911/E-911 dialing.
Services Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Services, including 911/E-911dialing.
Other Services Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Services, including 911/E-911 dialing. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
Limitation of Liability and Indemnification: You acknowledge and understand that Company’s liability is limited for any Services outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document. You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, Customer or any third party or user of Customer’s Services relating to the absence, failure or outage of the Services, including 911/E-911 dialing and/or inability of Customer or any third person or party or user of Customer’s Services to be able to dial 911 or to access emergency service personnel.
Billing and Payment Obligations for Services:Billing and payment provisions for the Services, including the set-up and monthly recurring charge, are as set forth in the Service Guide pricing schedule which is incorporated herein by reference, or as otherwise agreed to in writing by the parties. You also agree to pay all applicable federal, state and local fees or taxes. We have the right to terminate your Services if an invoice from us is not fully paid when due and impose a late fee of not more than 5% on any outstanding amount as a one-time late charge, at our discretion, for failure to pay all bills within 30 days of billing. We may charge a reasonable service fee for all returned checks. If you discontinue the Services or are disconnected, you agree to pay a reconnect charge before reconnection. You will be responsible for all expenses (including reasonable attorney's fees) incurred by Company in collecting any unpaid amounts due in accordance with this Agreement. We also reserve the right to change from time to time the amount of the monthly Services fee and any other applicable charges upon reasonable advance written notice to you. In no event shall such notice be less than ten (10) days prior to the effective date of such change. All charges are exclusive of sales, use and other taxes and government fees, which are your responsibility.
International Calling: Customer agrees to be responsible for and pay such associated costs for any and all domestic long distance, premium rate (such as 900 or 976), and international calls originating from Customer’s Voice over Internet Protocol (VOIP) telephone number and traveling through Thacker/Grigsby’s Long Distance Service, which Company uses as a Long Distance Provider and may appear on Customer’s bill.
Directory Assistance: Customer agrees to be responsible for and pay such associated costs for any and all Directory Assistance calls originating from Customer’s Voice over Internet Protocol (VOIP) telephone number and traveling through Thacker/Grigsby’s Long Distance Service, which Company uses as a Long-Distance Provider and may appear on Customer’s bill. The charge is $0.95 per Directory Assistance call.[BH6]
General Disclaimer of Warranties and More Limitations of Liability; Indemnity:You hereby acknowledge that we exercise no control whatsoever over the content of the information passing through Company network. You also understand that alternative and competing Internet communications carriers are available to you. Occasional interruption or irregularities in the Services may occur. WE PROVIDE OUR SERVICES TO YOU ON AS "AS IS, AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This disclaimer of warranty expressly includes any reimbursement for loss of income due to disruption of Services by Company or other Internet service providers). You further acknowledge that use of the Services or any information obtained via the Services is at your sole risk, and that we, your cable company and Internet content contributors SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT OR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES relating in any way to demands or claims involving or arising in any manner out of (1) your use of, inability to use, or failure to perform research or related work, communicate by phone or to work properly, the Internet, Internet data, or the VOIP service, (2) inaccurate or poor quality Internet data obtained through the Services, (3) loss of data resulting from delays, non-deliveries, mis-deliveries or Service interruptions, and (4) the installation, maintenance, failure, removal, or use of the modem or cancellation of Services. Without limiting any of the foregoing, your sole remedy, if any, is capped at the equivalent of the recurring subscription rate for one month of your Services. You further agree to indemnify and hold harmless Company from any claims of any nature whatsoever resulting from your use of Company Service.
No Liability for Software Compatibility or Software Support: We do not restrict the use of any specific kind of software with our Services, with the exception of software that may be used for illegal or harmful purposes. We reserve the right to suspend service if any such software is found to be in use through a user’s account. We do not provide support for any software used in conjunction with our Services. Support for software must be obtained from the software provider or manufacturer. It is Customer’s responsibility to acquire any software related support necessary.
No Liability for Obscene or Offensive Content, Pornography, Etc:You acknowledge and understand that we only provide access to the Internet. We do not publish (other than email messages that we may from time to time send you regarding the Services), control, monitor or restrict the information, programs, email, "chat rooms", interactive gaming or other material that is available to your residence or place of business through the Internet, the World Wide Web, or through USENET newsgroups. You may find material available to be shocking, profane, abusive and/or offensive. You may, in fact, find some material to be obscene, sexually explicit, or otherwise indecent. You recognize and agree that Company is not responsible for this material, and acknowledge that you have been notified that such material is present. You are solely and exclusively responsible and at risk for (1) all Internet content accessed via the Services by you and other members of your household or business and their guests, and (2) providing suitable adult supervision of any person who is less than eighteen (18) years of age and uses the Services at your residence or place of business to access the Internet. You agree that neither we nor your cable company are in any manner responsible for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such content accessed using the Services.
No Liability for Parental Empowerment Software: You may want to consider installing blocking and filtering software developed by others that empower parents to restrict their children's access through the Internet to objectionable or inappropriate material and protect or prohibit them from corresponding with criminals or disclosing personal or other information. You acknowledge that we do NOT publish such software and agree that we are in NO manner responsible for the effectiveness or ineffectiveness of these blocking and filtering technologies, or any disruption of Services that is a result of such software.
No "Hacking", "Spamming" or Infringement of Other's Rights: You agree not to publish on or over the Internet any content that violates or infringes upon the rights of any other person. You also agree not to use the Services or modem for any illegal or harmful purpose, to achieve unauthorized access to another party or person's computer systems, software, data or other copyright or patent protected material (commonly referred to as "hacking"). You agree not to interfere with the use of the Services or the equipment by other customers or disrupt the Services backbone network nodes or network services. You further agree not to upstream unsolicited distribution lists in bulk email or other mass unsolicited email (commonly referred to as "spam"). Your violation of any of these promises is grounds for immediate suspension or termination of Services and this Agreement, without notice. If we are challenged by a third party regarding the suitability of your content (for example, that it is unlawful, harmful, unwanted, or infringing), we may, in our reasonable discretion, suspend your access to the Internet. We assume NO liability whatsoever for any losses, claims, damages, expenses, liabilities or costs (including legal fees) arising out of or in connection with allegation, claim, suit or other proceeding based upon your use of the Services or our equipment or any third party which infringes the copyright, patent, trademark, trade secret or other industrial or intellectual property rights or contractual rights of any third party.