TRANS-VIDEO.NET CUSTOMER AGREEMENT
Effective December 15, 2000
This Agreement is between the Customer (referred to as "I" or "me" or "my") on the one hand, and Trans-Video.Net, a service of Trans-Video Cable Television Inc. (together referred to as "you" or "your") on the other hand. This Agreement sets forth the terms and conditions under which you will provide me with, and I will use and subscribe to your Service and Software. This Agreement includes the Trans-Video.Net Terms & Conditions of Use, Trans-Video.Net Rates and Products, and the Trans-Video.Net Service Installation Agreement, which are incorporated herein by reference.
SERVICE
1.1 You will provide me with access to the Internet and its services and, if Section 3 is accepted, the lease of a modem (the "Service"), subject to this Agreement, from the date on which I accept this Agreement until either you or I terminate it as provided in Section 6.
1.2 You will make reasonable efforts to provide me with continuous, uninterrupted, expedient and error-free Service. Nonetheless, I understand that temporary interruptions of the Service may occur as normal events in the provision of the Service or when you perform routine maintenance to the Service and you may modify or discontinue the Service at any time without giving me notice. I understand that you have no control over the networks, facilities or services of third parties, and that delays and disruptions involving them are completely beyond your control.
PAYMENT
2.1 I will pay you the charges for the Service, including monthly rate (in advance where applicable), applicable installation charges, and fees as listed on the Rate Sheet. I understand that the charges, taxes, fees, terms and conditions may be modified from time to time. Once I have been notified of such a change, my continued use of the Service constitutes my acceptance of such.
2.2 I will provide you with accurate, complete and current information on how to bill me including updated credit card number and expiration
date.
2.3 If I pay you after the specified late payment date, you may charge me a monthly late charge as liquidated damages equal to the local cable company or other broadband service provider's late fee rate for each month or portion thereof for which the balance remains, and the Service may be disconnected. I may also owe you for your expenses incurred to recover past due charges, including attorney's fees and legal costs. I will notify you of any errors or will ask for any refunds due within six months of when the error occurred.
2.4 If you disconnect my Service, as a result of late payments, I may have to pay a reconnect fee and security deposit, in addition to all past due charges before you reconnect the Service.
2.5 I understand that I may incur charges, including taxes, for which I am solely responsible, from other Internet or on-line services, telecommunications service providers or providers of other goods and services which I may purchase or subscribe to.
EQUIPMENT
3.1 If I have chosen to lease a cable modem ("Modem") from you, it will be billed to me by you or by my cable company or charged to my credit card. I shall use the Modem in a careful and proper manner and only for obtaining access to the Internet. I will not open the Modem, create a safety hazard, or modify the normal operation and use of the Modem.
3.2 I have authorized you to record my credit card number as a deposit for the use of the Modem. I shall provide you with any changes to my credit card number or credit card expiration date. I agree that if I default or breach this Agreement I may be charged $300 for the Modem and any other sums I owe you which are not paid when due.
3.3 If I lease a Modem from Trans-Video.Net, I will use the Modem solely at my current address and shall not move it therefrom without your prior written consent. If I ask that the Modem be relocated, a relocation fee may apply.
3.4 Within 15 days after termination of this Agreement, I will, at my own expense, deliver the Modem to you at any place within the cable system you designate, in the same condition as when delivered to me, except for reasonable wear and tear from authorized use.
3.5 I will bear all risk of loss, damage (beyond normal wear and tear), theft or destruction to the Modem. You will provide any routine maintenance of the Modem not caused or contributed to by me. You mayrepair any damage to the Modem due in whole or in part to my acts or omissions in violation of this Agreement at my cost and expense at your then standard rates for time and materials. In the event of such loss or damage (beyond normal wear and tear) to the Modem, I shall pay you $300 as liquidated damages, acknowledging that the precise amount of damages is difficult to estimate and that this amount is a reasonable forecast and not a penalty.
3.6 This Agreement does not give me any interest, title, or license in the user ID, electronic mail address, Universal Resource Locator ("URL"), domain name or Modem (if leased from Trans-Video.Net) that I use with the Service.
USE AND PRIVACY
4.1 You may, as necessary, monitor the content on the Service and may disclose any information required to comply with any law, regulation or governmental order or to protect yourself or other Customers. You may refuse to post, or may remove any material or information that, in your sole discretion is unacceptable, undesirable or in violation of this Agreement. You may suspend or terminate the Service to me, or suspend or terminate any user ID, electronic mail address, URL or domain name which I use in connection with the Service, if my use of the Service (a) violates any law, regulation or tariff, (b) is obscene, defamatory, deceptive or fraudulent, (c) is intended to threaten, harass or intimidate, (d) interferes with another Customer's use or enjoyment of the Service, (e) is in any way inconsistent with your Terms and Conditions of Use, (f) tends to damage your name or reputation, or (g) otherwise violates this Agreement. I hereby warrant that any material or content that I publish, transmit or distribute through the Service complies with the provisions of this Agreement and I authorize you to reproduce, publish, distribute and display such material and content worldwide.
4.2 I authorize you to ask about and receive information about my credit history. I authorize you to collect, maintain, share and use information about my use of the Service so long as you (a) comply with applicable law, and (b) do not disclose any personally identifiable information to others, except as allowed by law. If I wish to limit how you disclose such information, I will e-mail you at feedback@trans-video.netor contact you at Trans-Video.Net Customer Service, Northfield Common, Northfield, Vermont 05663.
4.3 I may not assign my Service account to anyone without your express written consent. Upon reasonable notice, you may assign your rights and obligations under this Agreement.
4.4 I will comply with the Terms and Conditions of Use of all end-user software license agreements accompanying any software or plug-ins which you distribute in connection with the Service.
4.5 I am at least 18 years old and have the ability to sign binding contracts. I am executing this Agreement on behalf of everyone who will use the Service, Software or Hardware through my computer or with my account or password and I am solely responsible for any resulting violation of this Agreement. I am solely responsible to ensure that they understand and will comply with this Agreement and all other Trans-Video.Net Service Agreements required for use of this Service. I will not resell the Service or otherwise charge others to use it.
LIMITATION OF LIABILITY
5.1 Unless otherwise specifically provided in this agreement, neither you nor your affiliates, subcontractors, employees or agents will be liable to me or to any third party for any direct, indirect, incidental, special, punitive, consequential or other damages, losses, allegations, claims, suits or other proceedings, expenses, liabilities or costs (including legal fees), including loss of profits, earnings, business opportunities or data, inaccuracy of data, cost of procurement of substitute goods or services or personal injury (including death), resulting from, arising out of or in connection with, directly or indirectly, my use of the Service or my reliance on or any other use of the equipment or Service, including, without limitation, (a) a contention that the use of the equipment or Service by me or a third party infringes the copyright, trademark, patent, trade secret, confidentiality, privacy or other intellectual property or contractual right of any third party, (b) mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmission or any failure of performance of the equipment or Service, (c) the content or services available on the Internet or otherwise through the Service, including the accuracy, quality and confidentiality of information obtained through third parties through the Service, (d) the activities of other Internet users or cable or Service customers in accessing or monitoring my computer or my use of the Service, or (e) acts or occurrences beyond your reasonable control, including, without limitation, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation or requirement of any government or legal body or representative thereof, labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts, inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of common carriers. Your liability for damages in regards to extraordinary and unreasonable interruptions of Service, or for mistakes, omissions, delays, errors and defects in the Service, shall in no event exceed the pro rata charges to me for the period during which the Service was affected. This Section 5 applies to the acts, omissions, negligence and gross negligence of you and each of your respective affiliates, subcontractors, employees and agents, under any contract, tort or other legal theory.
5.2 My sole and exclusive remedies under this Agreement are as expressly set out in this Agreement. Some states do not allow the limitation or exclusion of incidental or consequential damages, so such a limitation or exclusion may not apply to me.
5.3 I will indemnify and hold you harmless from all claims, losses, expenses, suits, attorney's fees, costs, fees or liabilities for injuries to or death of any person or for damages to or loss of any property which may in any way arise out of or result from or in connection with my use of the Service, Software or Hardware, particularly if such use (a) violates any law, regulation or tariff, (b) is defamatory, deceptive or fraudulent, (c) is intended to threaten, harass or intimidate, (d) interferes with another Customer's use or enjoyment of the Service, (e) is in any way inconsistent with your Terms and Conditions of Use, or (f) otherwise violates this Agreement.
5.4 YOU ARE PROVIDING ME WITH THE SERVICE, MODEM, SOFTWARE AND HARDWARE "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DESIGN, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE; CONDITION, QUALITY, CAPACITY WORKMANSHIP, COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT, PATENT INFRINGEMENT OR LATENT DEFECTS. YOU DO NOT WARRANT (A) UNINTERRUPTED USE OF THE SERVICE, SOFTWARE AND HARDWARE, (B) THAT ANY DATA OR ANY FILES THAT I SEND WILL BE TRANSMITTED IN UNCORRUPTED FORM OR IN A REASONABLE TIME, (C) THE RELIABILITY OR ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR (D) ANY TRANSACTIONS EXECUTED THROUGH THE SERVICE. YOU DISCLAIM ANY AND ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF FITNESS, MERCHANTIBILITY AND PERFORMANCE. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to me.
TERMINATION
6.1 Either you or I may terminate this Agreement as a whole at any time by providing the other party with at least 24 hours written notice of such termination. If I terminate, I may be eligible for a prorated refund and I may be subject to a cancellation charge equal to the charge for the period in which Service is terminated. Upon termination, I will destroy any Software that you provided me under this Agreement. This Agreement should not be construed to limit your rights and remedies available at law or equity.
THE AGREEMENT
7.1 You may, at your sole discretion, change, modify, add or delete portions of this Agreement at any time. Once you notify me of any such changes by posting them on the Service or sending me notice via e-mail or postal mail, my continued use will be deemed to indicate my acceptance of such changes. If I do not agree, I will stop using the Service and terminate this Agreement.
7.2 This Agreement shall be governed by and construed under Vermont law.
7.3 This Agreement constitutes our entire agreement regarding its subject matter and supersedes all prior written and oral agreements. Your failure to insist on strict enforcement or your course of conduct shall not be construed as a waiver of any provision.
7.4 If I have any questions regarding this Agreement or the Service, I can contact you via e-mail at feedback@trans-video.net or at Trans-Video.Net Customer Service, Northfield Common, Northfield, Vermont 05663. I can also contact my local cable service provider.
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