"WE", "US" AND "OUR" REFER TO KNOLOGY, INC. "YOU" AND "YOUR" REFER TO YOU AS OUR CUSTOMER. "TERMS" MEANS THESE GENERAL TERMS AND CONDITIONS. "SERVICE(S)" REFERS TO ANY CABLE SERVICES, INTERNET SERVICES AND/OR TELECOMMUNICATIONS SERVICES FOR WHICH WE ACCEPT YOUR ORDER, ALONG WITH ANY RELATED INSTALLATION, MAINTENANCE OR REPAIR SERVICES WE PROVIDE TO YOU. "EQUIPMENT" MEANS ANY HARDWARE OR SOFTWARE WE USE OR PROVIDE TO YOU IN CONNECTION WITH SERVICES.
1. OUR DUTIES. SUBJECT TO THESE TERMS, WE WILL PROVIDE YOU SERVICES AND YOU WILL PAY FOR THOSE SERVICES. YOU AGREE THAT THE TERMS INCLUDE, AND INCORPORATE BY THIS REFERENCE, OUR RESIDENTIAL INTERNET APPROPRIATE USE POLICY (AUP), A CURRENT COPY OF WHICH CAN BE FOUND ON THE INTERNET AT WWW.KNOLOGY.COM, AND YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, UNDERSTAND AND AGREE TO THE AUP. THESE TERMS WILL APPLY TO ANY ORDERS YOU PLACE WITH US THAT WE ACCEPT. WE RESERVE THE RIGHT TO AMEND OR MODIFY THESE TERMS (INCLUDING THE AUP) BY POSTING REVISED TERMS ON OUR WEBSITE AND BY GIVING YOU NOTICE OF SUCH REVISIONS. YOU AGREE THAT YOUR FAILURE TO CANCEL ALL SERVICES WITHIN TEN (10) DAYS AFTER RECEIVING NOTICE OF REVISED TERMS WILL SIGNIFY YOUR AGREEMENT TO THOSE REVISED TERMS.
2. AVAILABILITY OF THE SERVICE. WE ARE NOT LIABLE TO YOU FOR SERVICE PERFORMANCE ISSUES WHICH ARE CAUSED IN WHOLE OR IN PART BY YOU, BY YOUR EQUIPMENT (E.G., VCR, TV, COMPUTER) OR EQUIPMENT YOU INSTALL OR MAINTAIN OR HAVE A THIRD PARTY INSTALL OR MAINTAIN. WE ARE NOT LIABLE FOR UNAVAILABILITY OF, OR ADVERSE PERFORMANCE OF, SERVICES DURING PERIODS OF MODIFICATIONS, UPGRADES, RELOCATION, REPAIRS TO THE EQUIPMENT USED BY US OR A SUPPLIER.
3. EQUIPMENT.
(A) ACCESS. WE MAY NEED TO INSTALL, MAINTAIN, REPAIR OR REMOVE
EQUIPMENT ON YOUR PREMISES IN CONNECTION WITH SERVICES, AND
YOU AGREE TO COOPERATE WITH US IN GOOD FAITH TO ENABLE US TO
INSTALL THE EQUIPMENT. YOU HEREBY GRANT TO US AND OUR AGENTS
FULL RIGHT AND AUTHORITY OF ENTRY AND ACCESS, ACROSS, UNDER
AND OVER THE PREMISES AND ANY PROPERTY NECESSARY TO REACH THE
PREMISES OR EQUIPMENT, FOR THE PURPOSE OF INSTALLING, INSPECTING,
MAINTAINING, REPAIRING AND REMOVING THE EQUIPMENT, RUNNING
WIRING THROUGH THE PREMISES THROUGH INTERNAL AND EXTERIOR
WALLS, AND FOR DOING ALL THINGS NECESSARY AND REASONABLE WITH
RESPECT TO THE SERVICES OR EQUIPMENT, FOR AS LONG AS WE
PROVIDE SERVICE OR FOR AS LONG AS EQUIPMENT IS LOCATED ON THE
PREMISES. YOU REPRESENT AND WARRANT TO US THAT (A) YOU ARE
EITHER THE OWNER OF THE PREMISES OR A TENANT OR OTHER LAWFUL
OCCUPANT OF THE PREMISES AND (B) YOU HAVE THE AUTHORITY TO
GRANT US THE RIGHT AND AUTHORITY OF ENTRY AND ACCESS STATED ABOVE.
(B) OWNERSHIP OF EQUIPMENT. WE MAY PERMIT YOU TO BUY CERTAIN EQUIPMENT FROM US; IF YOU BUY SUCH EQUIPMENT, YOU AGREE TO PAY US ITS FULL RETAIL PRICE, PLUS TAX. EXCEPT FOR INSIDE WIRING, WHICH WE CONSIDER YOUR PROPERTY REGARDLESS OF WHO INSTALLED IT, AND EQUIPMENT YOU BUY FROM US, THE EQUIPMENT IS, AND SHALL ALWAYS REMAIN, SOLELY AND EXCLUSIVELY OUR PROPERTY. YOU AGREE TO ABIDE AT ALL TIMES BY THE TERMS OF ANY AND ALL LICENSE AGREEMENTS ASSOCIATED WITH ANY EQUIPMENT WHICH CONSIST OF COMPUTER SOFTWARE OR FIRMWARE. CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES WHICH MAY BE PASSED THROUGH US TO YOU AT NO ADDITIONAL CHARGE. WHERE YOU HAVE BOUGHT AND PAID FOR EQUIPMENT, WE WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO EFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION, WE MAY REPLACE DEFECTIVE EQUIPMENT ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER. WE MAY, AT OUR OPTION, SUPPLY NEW OR RECONDITIONED EQUIPMENT TO YOU. WE WILL HAVE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITY, LOSS, DAMAGE, OR EXPENSE ARISING OUT OF EQUIPMENT PROVIDED BY YOU OR BY A THIRD PARTY. YOU WILL NOT MOVE THE EQUIPMENT FROM THE LOCATION WITHIN THE PREMISES WHERE IT IS INSTALLED OR PERMIT ANYONE ELSE TO DO SO WITHOUT OUR PRIOR WRITTEN PERMISSION. YOU WILL NOT OPEN, TAMPER WITH, MAKE ANY CHANGES TO, OR TRY TO REPAIR, THE EQUIPMENT, OR PERMIT ANYONE ELSE TO DO SO, WITHOUT OUR PRIOR WRITTEN PERMISSION. YOU ASSUME ALL RISK OF LOSS FOR ANY EQUIPMENT PROVIDED TO YOU OR LOCATED ON THE PREMISES.
(C) INSIDE WIRING. WE CONSIDER INSIDE WIRING TO BE YOUR PROPERTY, REGARDLESS OF WHO INSTALLED IT, AND IT IS YOUR RESPONSIBILITY TO MAINTAIN AND REPAIR THE INSIDE WIRING. IF YOU HAVE US REPAIR OR MAINTAIN THE INSIDE WIRING AT THE PREMISES, WE MAY CHARGE YOU, AND YOU WILL PAY, ADDITIONAL FEES FOR THAT WORK BASED ON THE TIME AND MATERIALS REQUIRED TO COMPLETE THE REPAIR OR MAINTENANCE. YOU REPRESENT, WARRANT AND AGREE THAT THE INSIDE WIRING AT THE PREMISES WILL NOT INTERFERE WITH THE NORMAL OPERATIONS OF SERVICES OR OUR PROVISION OF SERVICES TO OTHER USERS. LINE ASSURE FOR CABLE TELEVISION COVERS THE COST OF TROUBLESHOOTING AND REPAIRING PROBLEMS WITH THE INTERNAL WIRING AND CONNECTORS THROUGHOUT A CUSTOMER'S HOME. IT IS AVAILABLE AT ONE LOW MONTHLY FEE TO COVER THE WIRING AND CONNECTORS USED FOR CABLE TELEVISION SERVICES. LINE ASSURE DOES NOT COVER THE COST TO RUN AND INSTALL NEW OUTLETS, REPAIRS TO CUSTOMER OWNED EQUIPMENT, DAMAGE CAUSED BY ACTS OF GOD (FIRE, FLOOD, ETC.) OR BY WILLFUL DESTRUCTION, SERVICE PROBLEMS THAT WERE OBVIOUS AT THE TIME OF SUBSCRIPTION, OUTLETS THAT DO NOT MEET INDUSTRY STANDARDS, AND REPAIRS THAT CANNOT BE MADE DUE TO SAFETY CONCERNS.
4. CREDIT CHECK AND DEPOSITS. YOU GIVE US PERMISSION TO OBTAIN YOUR CREDIT INFORMATION FROM CONSUMER CREDIT REPORTING AGENCIES AT ANY TIME. IF WE BILL YOU FOR THE SERVICES AND WE DETERMINE THAT YOU MAY BE A CREDIT RISK FOR (1) UNSATISFACTORY CREDIT RATING; (2) INSUFFICIENT CREDIT HISTORY; (3) FRAUDULENT OR ABUSIVE USE OF ANY KNOLOGY SERVICES WITHIN THE LAST FIVE YEARS; OR (4) LATE PAYMENTS FOR CURRENT OR PRIOR BILLS, WE MAY REQUIRE A DEPOSIT (OR AN ADVANCE PAYMENT AS PERMITTED BY STATE LAW) TO ENSURE PAYMENT FOR THE SERVICES. THE AMOUNT OF THE DEPOSIT WILL BE NO MORE THAN ANY ESTIMATED ONE-TIME CHARGES REQUIRED FOR THE SERVICES, PLUS THREE MONTHS OF THE ESTIMATED AVERAGE PER-MINUTE CHARGES AND/OR MONTHLY FEES FOR THE SERVICES. WE WILL PAY SIMPLE INTEREST AT THE ANNUAL RATE DETERMINED BY THE STATE LAW WHERE YOU RECEIVE THE SERVICES. IF YOU FAIL TO PAY FOR THE SERVICES WHEN DUE, WE MAY USE THE DEPOSIT WITHOUT GIVING NOTICE TO YOU.
5. CREDIT LIMITS. IF WE BILL YOU FOR THE SERVICES, WE MAY SET A CREDIT LIMIT BASED ON YOUR PAYMENT HISTORY OR YOUR CREDIT SCORE FROM CONSUMER CREDIT REPORTING AGENCIES. IF WE DO THIS, WE WILL NOTIFY YOU OF YOUR INITIAL CREDIT LIMIT AND ALL CHANGES TO YOUR CREDIT LIMIT. IF YOU EXCEED YOUR CREDIT LIMIT, WE WILL RESTRICT YOUR ACCESS TO THE SERVICES. IF YOU FAIL TO MAKE TIMELY PAYMENTS, WE MAY ALSO LOWER YOUR CREDIT LIMIT.
6. CHARGES. EACH INVOICE FOR SERVICES IS DUE AND PAYABLE, AND YOU WILL PAY SUCH INVOICE IN FULL, WITHIN TWENTY-FIVE (25) DAYS OF YOUR RECEIPT OF THE INVOICE. YOU AGREE TO REVIEW EACH INVOICE PROMPTLY AND TO NOTIFY US OF ANY BILLING DISPUTE WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THE INVOICE. YOU AGREE THAT, IF YOU DO NOT NOTIFY US OF A DISPUTE WITHIN FOURTEEN (14) DAYS OF RECEIPT OF THE INVOICE, YOU HAVE WAIVED ALL RIGHTS TO DISPUTE THAT INVOICE. YOU FURTHER AGREE TO PAY ANY SALES, GROSS RECEIPTS, USE, EXCISE, ACCESS OR OTHER LOCAL, STATE OR FEDERAL TAXES AND CHARGES IN CONNECTION WITH THE PROVISION, SALE OR USE OF THE SERVICES (EXCEPT FOR TAXES MEASURED ON OUR GROSS INCOME). YOU AGREE TO PAY INTEREST ON ANY AMOUNTS NOT PAID WHEN DUE, AT THE RATE OF 1.5% PER MONTH UNTIL SUCH AMOUNT IS PAID IN FULL. YOU AGREE THAT YOU ARE RESPONSIBLE FOR ALL CHARGES FOR USE OF SERVICES AND FOR RELATED EQUIPMENT, WHETHER OR NOT SUCH USE WAS AUTHORIZED BY YOU. YOU ACKNOWLEDGE THAT YOU HAVE BEEN PROVIDED WITH THE RATES AND CHARGES FOR SERVICES. RATES FOR INTERSTATE AND INTERNATIONAL LONG DISTANCE TELEPHONE SERVICE ARE AVAILABLE ON-LINE AT WWW.KNOLOGY.COM.
7. TERM. THESE TERMS WILL REMAIN IN EFFECT UNTIL YOU ARE NO LONGER TAKING ANY SERVICES AND ALL OF OUR EQUIPMENT PROVIDED TO YOU OR INSTALLED ON THE PREMISES HAS BEEN RETURNED TO US AND YOU HAVE PAID ALL CHARGES INCURRED IN CONNECTION WITH SERVICES AND RELATED EQUIPMENT. ALL SERVICES ARE PROVIDED TO YOU ON A MONTH-TO-MONTH BASIS. UPON CANCELLATION OR TERMINATION OF ANY SERVICE, YOU AGREE TO PROMPTLY RETURN TO US ANY RELATED EQUIPMENT LOCATED ON YOUR PREMISES (OTHER THAN EQUIPMENT YOU BOUGHT FROM US AND PAID FOR IN FULL) IN ITS ORIGINAL CONDITION AND WORKING ORDER, EXCEPT FOR NORMAL WEAR AND TEAR. IF WE HAVE TO RETRIEVE EQUIPMENT FROM YOU, YOU WILL PAY A $9.95 PICKUP FEE. IF EQUIPMENT IS LOST OR DAMAGED OR OTHERWISE NOT RETURNED TO US IN ITS ORIGINAL CONDITION AND WORKING ORDER, EXCEPT FOR NORMAL WEAR AND TEAR, YOU WILL PAY US ITS FULL RETAIL PRICE, PLUS TAX.
8. LIMITATION OF LIABILITY. OUR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY SERVICES OR ANY EQUIPMENT (INCLUDING LIABILITY ARISING OUT OF OR IN CONNECTION WITH MISTAKES, ACCIDENTS, OMISSIONS, INTERRUPTIONS, ERRORS OR DEFECTS IN TRANSMISSION WITH RESPECT TO SERVICES OR EQUIPMENT) SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH BELOW, AS WELL AS ANY LIMITATION CONTAINED ELSEWHERE IN THESE TERMS OR IN ANY APPLICABLE TARIFFS. OUR TOTAL LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY SERVICES IS LIMITED TO ACTUAL, DIRECT DAMAGES, BUT IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE TOTAL AMOUNTS YOU PAID TO US FOR SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE TIME WHEN THE LIABILITY AROSE. IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY WITH RESPECT TO THESE TERMS, ANY SERVICES OR ANY EQUIPMENT FOR ANY TYPE OF INDIRECT, CONSEQUENTIAL, INCIDENTAL, RELIANCE, ACTUAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUES, OR LOST SAVINGS OF ANY KIND, WHETHER ARISING UNDER A CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. THESE LIMITS DO NOT APPLY TO DAMAGES FOR DEATH OR BODILY INJURY.
9. NO RESALE AND FIXED LOCATION USE. SERVICES AND EQUIPMENT ARE FOR YOUR EXCLUSIVE PERSONAL USE ONLY AND YOU WILL NOT SHARE, RESELL OR ASSIGN THE SERVICES OR ANY EQUIPMENT (OTHER THAN EQUIPMENT YOU BOUGHT FROM US), NOR ALLOW ANY THIRD PARTY TO USE THE SERVICES OR ANY EQUIPMENT, WITHOUT OUR PRIOR WRITTEN CONSENT. YOU ACKNOWLEDGE THAT THE SERVICES ARE FIXED-LOCATION SERVICES AND MAY NOT BE MOVED TO, OR USED FROM, ANY LOCATION OTHER THAN THE LOCATION TO WHICH THE SERVICES ARE FIRST PROVIDED, WITHOUT PAYMENT OF NEW CONNECTION FEES AND ANY APPLICABLE EARLY CANCELLATION CHARGE, IF APPLICABLE. IF YOU CHANGE RESIDENCES, YOU SHALL PROMPTLY NOTIFY US.
10. EVENTS OF DEFAULT. YOU WILL BE "IN DEFAULT" IF (I) YOU FAIL TO MAKE PAYMENT WHEN DUE AND SUCH FAILURE REMAINS UNCORRECTED FOR FIVE (5) CALENDAR DAYS AFTER NOTICE BY US; OR (II) YOU BREACH ANY OTHER PROVISION OF THESE TERMS AND ANY SUCH FAILURE REMAINS UNCORRECTED FOR TEN (10) DAYS AFTER NOTICE BY US. WE MAY REFUSE, SUSPEND, DISCONTINUE, OR TERMINATE ANY SERVICE(S) AND REMOVE ANY AND ALL EQUIPMENT WITHOUT NOTICE IN THE EVENT (A) YOU ARE IN DEFAULT, OR (B) THE SERVICE IS USED IN A MANNER THAT VIOLATES THESE TERMS OR ADVERSELY AFFECTS OUR PROVISION OF SERVICE TO YOU OR TO ANY OF OUR OTHER USERS. IN ADDITION, YOU AGREE THAT, IF YOU ARE IN DEFAULT, YOU WILL PAY ALL ATTORNEYS' FEES, COLLECTION FEES, LATE CHARGES AND ANY SIMILAR EXPENSES INCURRED BY US IN THE ENFORCEMENT OF OUR RIGHTS OR YOUR OBLIGATIONS.
11. INDEMNIFICATION. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY LIABILITY, LOSS, DAMAGE, OR EXPENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES ARISING OUT OF, OR IN CONNECTION WITH, ANY ACTUAL OR THREATENED CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF (I) USE OR MISUSE OF ANY SERVICE OR EQUIPMENT BY YOU OR ANYONE ELSE ACCESSING SERVICES OR RELATED EQUIPMENT, WHETHER AUTHORIZED BY YOU OR NOT, OR (II) ANY ACT OR OMISSION BY YOU OR ANYONE ELSE ACCESSING SERVICES OR RELATED EQUIPMENT, WHETHER AUTHORIZED BY YOU OR NOT WHICH VIOLATES, OR IS ALLEGED TO VIOLATE, THESE TERMS.
12. SELF-INSTALLATION. AT OUR SOLE OPTION, WE MAY PERMIT YOU TO PERFORM INSTALLATION OF EQUIPMENT (FOR EXAMPLE, NETWORK CARDS, INSIDE WIRING) OR TO HAVE INSTALLATION PERFORMED BY A THIRD PARTY SELECTED BY YOU. YOU AGREE THAT INSTALLATION OF EQUIPMENT BY YOU OR A THIRD PARTY CHOSEN BY YOU MAY PREVENT YOU FROM SUCCESSFULLY ACCESSING, OPERATING OR USING THE SERVICES, AND THAT SUCH INSTALLATION MAY CAUSE DAMAGE TO YOUR REAL PROPERTY OR PERSONAL PROPERTY (INCLUDING COMPUTERS, DATA, SOFTWARE, FILES OR PERIPHERALS), AND WE HAVE NO LIABILITY WHATSOEVER FOR ANY INABILITY TO USE THE SERVICES DUE TO INSTALLATION OF EQUIPMENT BY YOU OR A THIRD PARTY CHOSEN BY YOU. IN ADDITION, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY LIABILITY, LOSS, DAMAGE, OR EXPENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES ARISING OUT OF, OR IN CONNECTION WITH, ANY ACTUAL OR THREATENED CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF INSTALLATION OF EQUIPMENT BY YOU OR A THIRD PARTY CHOSEN BY YOU.
13. CUSTOMER SERVICE. OUR BUSINESS OFFICE IS OPEN FOR CUSTOMER VISITS MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS. OUR TELEPHONE NUMBER IS PRINTED ON YOUR MONTHLY BILL. WHEN YOU CALL ABOUT A SERVICE PROBLEM, A CUSTOMER SERVICE REPRESENTATIVE (CSR), AVAILABLE 24 HOURS, WILL ATTEMPT TO DETERMINE THE NATURE OF THE PROBLEM. IF POSSIBLE, THE CSR WILL HELP YOU RESOLVE THE PROBLEM OVER THE TELEPHONE. IF THE PROBLEM CANNOT BE RESOLVED DURING THE CALL, THE CSR WILL SCHEDULE A SERVICE TECHNICIAN TO VISIT YOUR HOME, USUALLY WITHIN 24 HOURS OF THE TIME YOU CALL. IF OUR WORKLOAD PERMITS, THE SERVICE TECHNICIAN WILL BE DISPATCHED THAT VERY SAME DAY. FOR INSTALLATION, SERVICE CALLS OR OTHER INSTALLATION ACTIVITIES, WE WILL USE BEST EFFORTS TO ARRIVE DURING THE "APPOINTMENT WINDOW" WE SPECIFY (EITHER A SPECIFIC TIME OR, AT A MAXIMUM, A FOUR-HOUR TIME BLOCK DURING BUSINESS HOURS). WE WILL NOT CANCEL OUR APPOINTMENT WITH YOU AFTER THE CLOSE OF BUSINESS IN THE BUSINESS DAY PRIOR TO A SCHEDULED APPOINTMENT. IF WE ARE RUNNING LATE FOR AN APPOINTMENT, WE WILL ATTEMPT TO CONTACT YOU AND WILL, AS NECESSARY, ATTEMPT TO RESCHEDULE TO A TIME WHICH IS CONVENIENT FOR YOU.
14. NO LIABILITY FOR CONTENT. YOU ACKNOWLEDGE THAT WE HAVE NO RESPONSIBILITY FOR, OR OBLIGATION TO CONTROL, THE CONTENT AVAILABLE THROUGH THE SERVICES, AND THAT YOU ACCESS, USE AND TRANSMIT SUCH CONTENT AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO THE ACCESS, USE OR TRANSMISSION OF SUCH CONTENT BY YOU OR BY ANY THIRD PARTY. HOWEVER, WE WILL HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO ELECTRONICALLY MONITOR, FROM TIME TO TIME, CONTENT ACCESSED, TRANSMITTED OR USED BY YOU OR ANYONE ELSE ACCESSING SERVICES OR RELATED EQUIPMENT, WHETHER AUTHORIZED BY YOU OR NOT, AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO OPERATE THE SERVICES PROPERLY OR TO PROTECT US OR OTHER USERS. WE HAVE THE RIGHT (BUT NOT THE OBLIGATION) TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT WE, IN ITS SOLE DISCRETION, DEEM TO BE UNACCEPTABLE, UNDESIRABLE, OR IN VIOLATION OF THESE TERMS.
15. INFRINGEMENT. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY LIABILITY, LOSS, DAMAGE, OR EXPENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES ARISING OUT OF, OR IN CONNECTION WITH, ANY ACTUAL OR THREATENED CLAIM, SUIT, ACTION, OR PROCEEDING BASED UPON A CLAIM THAT THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR ANYONE ELSE ACCESSING SERVICES OR RELATED EQUIPMENT, WHETHER AUTHORIZED BY YOU OR NOT, INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY.
16. ACTS BEYOND OUR CONTROL. WE WILL NOT BE IN BREACH OF OUR OBLIGATIONS UNDER THESE TERMS IF OUR PERFORMANCE IS DELAYED OR PREVENTED BY ANY ACT OF GOD, FIRE, NATURAL DISASTER, ACCIDENT, RIOTS, WAR, TERRORISM, ACTS OF GOVERNMENT, SHORTAGE OF EQUIPMENT, SERVICES OR MATERIALS FROM OUR VENDORS, FAILURE OF TRANSPORTATION OR COMMUNICATION, THIRD PARTY NON-PERFORMANCE (INCLUDING, WITHOUT LIMITATION, THE FAILURE OR PERFORMANCE OF CARRIERS, SUPPLIERS AND SUBCONTRACTORS), OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL, AND, AT OUR ELECTION, THE TIME FOR OUR PERFORMANCE IS EXTENDED FOR LENGTH OF THE CONDITION THAT CAUSED THE DELAY OR PREVENTED THE PERFORMANCE.
17. GOVERNING LAW. THESE TERMS HAVE BEEN ENTERED INTO IN,
AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH
THE LAWS OF, THE STATE OF GEORGIA (WITHOUT REGARD TO ITS
PRINCIPLES OF CONFLICTS OF LAWS) AND APPLICABLE FEDERAL LAWS
AND ANY APPLICABLE TARIFFS, RULES, AND REGULATIONS. IN ADDITION,
OUR OBLIGATIONS HEREUNDER SHALL BE SUBJECT TO ANY APPLICABLE
LAW, RULES OR REGULATIONS, AND ANY TARIFFS FILED BY US OR OUR
AFFILIATES. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF ANY
APPLICABLE TARIFF, RULE, OR REGULATION AND THESE TERMS, THE
TARIFF, RULE, OR REGULATION SHALL CONTROL WITH RESPECT TO SUCH
CONFLICTING PROVISION, BUT ALL NON-CONFLICTING PROVISION OF
THESE TERMS SHALL CONTINUE TO APPLY.
18. WARRANTIES. YOU AGREE THAT, EXCEPT FOR EXPRESS WARRANTIES SET FORTH IN THESE TERMS, ALL EQUIPMENT AND SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, AND ANY AND ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE OR NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXCLUDED AND DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICES OR THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME.
19. DISPUTE RESOLUTION. THE PARTIES ACKNOWLEDGE THAT THESE TERMS EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE. THE UNITED STATES ARBITRATION ACT AND FEDERAL ARBITRATION LAW SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT IF THESE TERMS AND PROCEEDINGS RELATED THERETO PURSUANT TO THIS ARBITRATION CLAUSE. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, ANY SERVICES OR ANY EQUIPMENT, INCLUDING BUT NOT LIMITED TO A CLAIM BASED ON OR ARISING FROM AN ALLEGED TORT, SHALL BE SETTLED BY ARBITRATION IN ATLANTA, GEORGIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ALL STATUTES OF LIMITATION, WHICH WOULD OTHERWISE BE APPLICABLE IN A JUDICIAL ACTION BROUGHT BY A PARTY, SHALL APPLY TO ANY ARBITRATION AND SHALL BE GIVEN EFFECT BY THE ARBITRATOR(S). THE ARBITRATOR(S) IS AUTHORIZED, IN THE EXERCISE OF HIS OR HER DISCRETION, TO AWARD COSTS AND REASONABLE ATTORNEY'S FEES TO THE PREVAILING PARTY. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES OR ANY OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES, NOR SHALL ANY PARTY SEEK PUNITIVE DAMAGES RELATING TO ANY MATTER ARISING OUT OF THIS AGREEMENT IN ANY OTHER FORUM.
20. SURVIVAL. THE OBLIGATIONS CONTAINED IN THIS AGREEMENT WITH RESPECT TO PAYMENT OF AMOUNTS DUE, LIMITATION OF LIABILITY, DISCLAIMERS OR EXCLUSIONS OF WARRANTIES, ARBITRATION AND INDEMNIFICATION SHALL SURVIVE TERMINATION OF THESE TERMS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, NEITHER PARTY MAY AMEND OR MODIFY THESE TERMS EXCEPT BY A WRITING SIGNED BY BOTH PARTIES.
21. ASSIGNMENT. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT OUR PRIOR WRITTEN CONSENT.
22. ENTIRE AGREEMENT. THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME, ALONG WITH THE TERMS OF ANY APPLICABLE ORDERS ACCEPTED BY US AND ANY APPLICABLE TARIFFS, CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO SERVICES AND EQUIPMENT, AND SUPERSEDE ALL PRIOR ORAL OR WRITTEN AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS AND WARRANTIES. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS OF ANY APPLICABLE ORDERS AND THESE TERMS, THESE TERMS WILL CONTROL.
23. SEVERABILITY. ANY PROVISION OR PORTION OF THESE TERMS HELD OR DETERMINED BY A COURT (OR OTHER LEGAL AUTHORITY) OF COMPETENT JURISDICTION TO BE ILLEGAL, INVALID, OR UNENFORCEABLE IN ANY JURISDICTION SHALL BE DEEMED SEPARATE, DISTINCT AND INDEPENDENT, AND SHALL BE INEFFECTIVE TO THE EXTENT OF SUCH HOLDING OR DETERMINATION WITHOUT (I) INVALIDATING THE REMAINING PROVISIONS OF THIS AGREEMENT IN THAT JURISDICTION OR (II) AFFECTING THE LEGALITY, VALIDITY OR ENFORCEABILITY OF SUCH PROVISION IN ANY OTHER JURISDICTION.
II. ADDITIONAL TERMS APPLICABLE TO INTERNET SERVICES.
1. INTERNET SERVICES. "INTERNET SERVICES" MEANS THE HIGH SPEED INTERNET ACCESS, HIGH SPEED BANDWIDTH (PON), AND/OR WEB-HOSTING SERVICES FOR WHICH WE ACCEPT YOUR ORDER.
2. THIRD PARTY CHARGES. YOU ACKNOWLEDGE THAT YOU MAY INCUR CHARGES WITH THIRD PARTIES WHILE USING THE INTERNET SERVICES. FOR EXAMPLE, CHARGES MAY BE INCURRED AS A RESULT OF ACCESSING CERTAIN INFORMATION, OR PURCHASING OR SUBSCRIBING TO CERTAIN OFFERINGS, VIA THE INTERNET. YOU AGREE THAT ALL SUCH CHARGES, INCLUDING ALL APPLICABLE TAXES, SHALL BE PAID BY YOU AND ARE NOT OUR RESPONSIBILITY.
3. INSTALLATION.
(B) BACK-UP REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT
OUR INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR AND
REMOVAL OF THE EQUIPMENT USED FOR INTERNET SERVICES MAY
RESULT IN SERVICE OUTAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER,
SOFTWARE, FILES, DATA AND/OR PERIPHERALS, AND THAT YOUR ARE
SOLELY RESPONSIBLE FOR BACKING-UP ALL OF YOUR DATA PRIOR TO
INSTALLATION OF THE EQUIPMENT AND PRIOR TO ANY INSPECTION,
MAINTENANCE, REPAIR OR REMOVAL OF THE EQUIPMENT. NEITHER WE
NOR ANY OF OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES,
AGENTS AND AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER TO
YOU OR TO ANY THIRD PARTY FOR ANY DAMAGE TO, OR LOSS OR
DESTRUCTION OF, YOUR COMPUTER, SOFTWARE, FILES, DATA OR
PERIPHERALS (EXCLUDING DAMAGES FOR DEATH OR BODILY INJURY).
(C) ACCESS AND FILE MODIFICATION. IN ORDER TO INSTALL THE
EQUIPMENT, IT MAY BE NECESSARY TO OPEN YOUR COMPUTER, AND
YOU ASSUME ALL RESPONSIBILITY FOR IMPACTS TO OR LOSS OF ANY
WARRANTY ASSOCIATED WITH THE OPENING OF YOUR COMPUTER FOR
INSTALLATION OF EQUIPMENT. IN ADDITION, AS PART OF THE INSTALLATION
PROCESS FOR THE SOFTWARE, AS WHEN MOST SOFTWARE IS
INSTALLED ON A COMPUTER, SYSTEM FILES ON YOUR COMPUTER, SUCH
AS INI, BAT, SYS AND DLL FILES, MAY BE MODIFIED OR DELETED.
WE DO NOT REPRESENT, WARRANT, OR COVENANT THAT SUCH
MODIFICATIONS OR DELETIONS WILL NOT DISRUPT THE NORMAL
OPERATIONS OF YOUR COMPUTER, AND NEITHER WE NOR ANY OF OUR
DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND
AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER TO YOU OR TO ANY
THIRD PARTY FOR ANY DAMAGES RESULTING FROM INSTALLATION OF
EQUIPMENT (EXCLUDING DAMAGES FOR DEATH OR BODILY INJURY).
4. SECURITY BREACHES. THE INTERNET IS A SHARED RESOURCE AMONG MILLIONS OF USERS. BECAUSE OF THIS, THERE IS A RISK THAT YOU COULD BE SUBJECT TO A VARIETY OF SECURITY BREACHES, INCLUDING BUT NOT LIMITED TO EAVESDROPPING AND DENIAL OF SERVICE ATTACKS, AND THAT OTHER PEOPLE MAY BE ABLE TO ACCESS, MONITOR AND/OR ALTER YOUR FILES, DATA OR OTHER TRAFFIC SENT OR RECEIVED USING THE INTERNET SERVICES, AND/OR NEGATIVELY AFFECT YOUR ABILITY TO USE THE INTERNET SERVICES. IN ADDITION, WHEN USING THE COMPUTER TO ACCESS THE INTERNET OR ANY OTHER ON-LINE NETWORK OR SERVICE VIA THE INTERNET SERVICES, CERTAIN APPLICATIONS, SUCH AS FTP (FILE TRANSFER PROTOCOL) SERVERS AND HTTP (HYPER TEXT TRANSFER PROTOCOL) SERVERS, MAY ALLOW OTHER INTERNET USERS TO GAIN ACCESS TO YOUR COMPUTER. YOU ARE PERMITTED TO RUN SUCH APPLICATIONS FOR YOUR PERSONAL USE SUBJECT TO ALL OF THESE TERMS; HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT, IF YOU RUN SUCH APPLICATIONS, THE RISK OF SECURITY BREACHES AS DESCRIBED IN THESE TERMS MAY BE SIGNIFICANTLY INCREASED. YOU ACCESS AND USE THE INTERNET SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER WE NOR OUR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS ARISING OUT OF OR OTHERWISE RELATING TO BREACHES OF YOUR SECURITY (INCLUDING WITHOUT LIMITATION OTHER USERS ACCESSING YOUR COMPUTER, SOFTWARE, DATA OR PERIPHERALS) IN CONNECTION WITH THE INTERNET SERVICES (EXCLUDING DAMAGES FOR DEATH OR BODILY INJURY).
III. ADDITIONAL TERMS APPLICABLE TO CABLE SERVICES.
1. CABLE SERVICES. "CABLE SERVICES" MEANS THE CABLE TELEVISION SERVICES FOR WHICH WE ACCEPT YOUR ORDER.
2. COMPATIBILITY - "CABLE READY" AND "CABLE COMPATIBLE EQUIPMENT". YOU ACKNOWLEDGE THAT EVEN A TV OR VCR THAT IS DESCRIBED AS "CABLE READY" OR "CABLE COMPATIBLE," MAY NOT PERFORM PROPERLY WITH THE CABLE SERVICES WHEN CONNECTED DIRECTLY TO THE CABLE SERVICES, AND THAT YOU MAY ENCOUNTER PROBLEMS OR INTERFERENCE (SUCH AS CO-CHANNEL INTERFERENCE, INABILITY TO RECEIVE HIGHER NUMBER CHANNELS) WHICH WILL NECESSITATE USE OF A SET-TOP CONVERTER BEFORE THE CABLE SERVICES WILL OPERATE PROPERLY WITH SUCH TV OR VCR. IF WE PROVIDE YOU WITH A SET-TOP CONVERTER AND/OR REMOTE CONTROL DEVICES, YOU AGREE TO PAY THE APPLICABLE MONTHLY FEE FOR THESE ITEMS. USE OF A SET-TOP CONVERTER MAY IMPAIR CERTAIN FEATURES OF YOUR TV OR VCR THAT DEPEND ON CHANNEL TUNING; IN THIS EVENT, YOU WILL NEED TO PROCURE ADDITIONAL SPECIAL EQUIPMENT TO REGAIN SOME OR ALL OF THESE FEATURES. THIS EQUIPMENT MAY INCLUDE AN ADDITIONAL CONVERTER OR AN A/B SWITCH TO ENABLE YOU TO BYPASS THE CONVERTER, AND MAY BE ACQUIRED THROUGH US OR THROUGH A THIRD PARTY. IN SOME AREAS, YOU MAY ALSO BE ABLE TO BUY THEM FROM US.
3. THEFT OF SERVICE. YOU ACKNOWLEDGE THAT IT IS ILLEGAL UNDER BOTH STATE AND FEDERAL LAWS TO TAMPER WITH CABLE TV EQUIPMENT OR TO ACQUIRE UNAUTHORIZED USE OF CABLE TELEVISION SERVICES, AND YOU AGREE TO NOT TAMPER WITH CABLE TV EQUIPMENT OR TO ACQUIRE UNAUTHORIZED USE OF CABLE TELEVISION SERVICES IN ANY FASHION OR BY ANY MEANS (INCLUDING BY UNAUTHORIZED MODIFICATION OF A CABLE INSTALLATION, SUCH AS CUTTING CABLE LINES, CHANGING THE LEVEL OF SERVICE RECEIVED, OR THEFT OF AUDIO, VIDEO, TEXTUAL DATA OR OTHER SERVICES, INCLUDING DATA TRANSMITTED TO OR FROM A CUSTOMER OVER A SYSTEM THAT HAS INTERACTIVE CAPABILITY).
4. LIMITED WARRANTY. WE WARRANT THAT, FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF INSTALLATION OR REPAIR, THAT CABLE SERVICE AND RELATED EQUIPMENT WE INSTALL OR REPAIR WILL MEET ACCEPTED INDUSTRY STANDARDS AND BE FREE FROM DEFECTS IN MATERIALS OR WORKMANSHIP. IF YOU REPORT A FAILURE TO CONFORM TO THIS WARRANTY TO US WITHIN THAT 30-DAY PERIOD, WE WILL RE-PERFORM THE NONCONFORMING SERVICES AND REPAIR OR REPLACE THE NONCONFORMING EQUIPMENT. SUCH RE-PERFORMANCE OF SERVICES OR REPAIR OR REPLACEMENT OF NONCONFORMING EQUIPMENT SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR SOLE REMEDY UNDER THIS WARRANTY, WHETHER CLAIMS OR REMEDY ARE SOUGHT IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, WITHOUT LIMITATION). WE HAVE NO OBLIGATION OR LIABILITY HEREUNDER WITH RESPECT TO ANY FAILURE TO CONFORM TO THIS WARRANTY THAT IS NOT REPORTED TO US WITHIN THAT 30-DAY PERIOD.
5. PAY-PER-VIEW PROGRAMMING. YOU MAY NOT ORDER OR REQUEST PAY-PER-VIEW, PREMIUM OR VIDEO-ON-DEMAND PROGRAMMING FOR RECEIPT, EXHIBITION OR TAPING IN A COMMERCIAL ESTABLISHMENT. YOU MAY NEITHER EXHIBIT NOR ASSIST IN THE EXHIBITION OF PAY-PER-VIEW, PREMIUM OR VIDEO-ON-DEMAND PROGRAMMING IN A COMMERCIAL ESTABLISHMENT UNLESS EXPLICITLY AUTHORIZED TO DO SO IN ADVANCE BY US AND OUR PROGRAM PROVIDER.
1.THE CABLE COMMUNICATIONS POLICY ACT CONTAINS
PROVISIONS REGARDING THE COLLECTION AND MAINTENANCE OF
PERSONALLY IDENTIFIABLE INFORMATION BY CABLE TELEVISION
OPERATORS IN ACCORDANCE WITH THOSE PROVISIONS, THE CABLE
SYSTEM COLLECTS AND MAINTAINS PERSONALLY IDENTIFIABLE
INFORMATION CONCERNING SUBSCRIBERS. THAT INFORMATION
INCLUDES BILLING RECORDS; SERVICE MAINTENANCE AND REPAIR
RECORDS; PREMIUM SERVICE SUBSCRIPTION INFORMATION; MARKETING
INFORMATION AND SUBSCRIBER COMPLAINTS.
2. UNLESS OTHERWISE NOTED, ALL PERSONALLY IDENTIFIABLE INFORMATION
IS USED SOLELY FOR THE NORMAL BUSINESS PURPOSE OF
OFFERING AND RENDERING CABLE TELEVISION SERVICE TO YOU. SOME
PERSONS HAVE ACCESS TO SUCH INFORMATION WHEN
NECESSARY IN CONNECTION WITH OUR BUSINESS. ACCESS IS AS
OFTEN AS NECESSARY AND MAY BE ON A DAY-TO-DAY BASIS. THOSE
PEOPLE INCLUDE CABLE SYSTEM EMPLOYEES; CABLE SYSTEM SALE
AGENTS; BUSINESSES WHICH PROVIDE SERVICE TO THE CABLE
SYSTEM, SUCH AS OUR ACCOUNTANTS, BILLING AND COLLECTION
SERVICES, PROGRAM AND PROGRAM GUIDE PROVIDERS WHERE
APPLICABLE; PROGRAM SERVICE WHICH WILL PERIODICALLY AUDIT
SUBSCRIPTION INFORMATION AND REPRESENTATIVES OF THE FRANCHISING
AUTHORITY. THE CABLE SYSTEM WILL NOT MAINTAIN SUCH
INFORMATION AFTER IT IS NO LONGER NECESSARY FOR CARRYING ON
OUR BUSINESS.
3. AS A SUBSCRIBER, YOU MAY REVIEW ANY PERSONAL INFORMATION
HELD BY US WHICH PERTAINS TO YOU IF YOU GIVE US A REASONABLE
PERIOD OF TIME TO LOCATE AND, IF NECESSARY, PREPARE THE
INFORMATION FOR REVIEW. (PREPARATION IS SOMETIMES NECESSARY
TO AVOID DISCLOSURE OF INFORMATION RELATING TO OTHER
SUBSCRIBERS.) IF YOU WISH TO REVIEW YOUR PERSONAL INFORMATION,
PLEASE CONTACT US BY LETTER OR TELEPHONE TO ARRANGE FOR A
REVIEW. THE REVIEW WILL BE AT OUR LOCAL SYSTEM BUSINESS
OFFICE. YOU MAY REQUEST CORRECTION OF ANY ERRORS IN PERSONAL
INFORMATION THAT WE COLLECT OR MAINTAIN PERTAINING TO YOU.
4. FEDERAL LAW PROHIBITS THE CABLE SYSTEM FROM COLLECTING
ANY PERSONALLY IDENTIFIABLE INFORMATION OTHER THAN INFORMATION
NECESSARY TO CARRY ON OUR BUSINESS OR TO DETECT THEFT OF
SERVICES, UNLESS YOU CONSENT.
5. TO THE EXTENT THAT WE ARE PERMITTED TO COLLECT PERSONALLY
IDENTIFIABLE INFORMATION, WE ARE PERMITTED TO DISCLOSE SUCH
INFORMATION ONLY TO THE EXTENT NECESSARY TO CONDUCT OUR
BUSINESS. IN ADDITION, THE LAW ALLOWS US TO DISCLOSE YOUR
NAME AND ADDRESS FOR NON-CABLE SERVICE RELATED MAILING LISTS
OR OTHER PURPOSES UNLESS YOU TELL US YOU DO NOT WISH US TO
DISCLOSE IT. HOWEVER, SUCH DISCLOSURES OF NAMES AND
ADDRESSES MAY NOT BE IN A FORM THAT DISCLOSES THE EXTENT OR
TYPE OF ANY USE YOU MAKE OF SERVICES WE PROVIDE, NOR MAY IT
DISCLOSE THE NATURE OF ANY TRANSACTION YOU MAKE OVER THE
CABLE SYSTEM. IF YOU DO NOT WISH TO HAVE YOUR NAME AND
ADDRESS DISCLOSED EVEN IN THIS LIMITED MANNER, OR IF YOU WISH
TO LIMIT THE CIRCUMSTANCES IN WHICH WE DISCLOSE IT, PLEASE NOTIFY
OUR LOCAL BUSINESS OFFICE IN WRITING.
6. EXCEPT AS INDICATED IN THE PRECEDING PARAGRAPH, WE MAY NOT
DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION WITHOUT YOUR
CONSENT, UNLESS WE ARE REQUIRED TO DO SO BY A COURT ORDER.
IF WE ARE SERVICED WITH A COURT ORDER REQUIRING DISCLOSURE OF
PERSONALLY IDENTIFIABLE INFORMATION CONCERNING A SUBSCRIBER,
WE WILL INFORM THE SUBSCRIBER BEFORE ANY INFORMATION IS
RELEASED. UNDER SOME CIRCUMSTANCES, A GOVERNMENT ENTITY
MAY SEEK A COURT ORDER TO OBTAIN PERSONALLY IDENTIFIABLE
INFORMATION FROM THE CABLE SYSTEM CONCERNING A CABLE
SUBSCRIBER. THE SUBSCRIBER MUST BE GIVEN AN OPPORTUNITY TO
CONTEST ISSUANCE OF SUCH AN ORDER.
7. ANY PERSON AGGRIEVED BY AN ACT OF CABLE OPERATOR IN
VIOLATION OF THESE FEDERAL LIMITATIONS ON THE COLLECTION AND
DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION MAY BRING A
CIVIL ACTION IN A UNITED STATES DISTRICT COURT TO ENFORCE THE
LIMITATIONS.