In consideration of EOT's provision of the Services that I have requested, subject to applicable law, I AGREE AS FOLLOWS:
1. Important Information about this Agreement:
(a) The Terms, which EOT may amend, constitute the entire agreement between EOT and me (“Agreement’) and supersedes all previous written or oral representations and understandings between EOT and me. The use of my Services by any person other than me is also subject to the Terms
(b) EOT at its sole discretion may add to and modify Terms at any time. Any such changes shall become effective immediately except where applicable law requires a notice period, in which case the change will become effective at the end of the requisite notice period. Upon effectiveness of any such change my continued use of the Services will constitute my consent to such changes. A current online version of Terms is available online location accessible on EOT’s website – www.eot.net, or can be obtained by calling EOT’s support number currently in effect.
(c) EOT will post notifications of any significant change(s) to Terms.
(d) My acceptance of Services constitutes my acceptance of Terms. In the event that a portion of my Services is terminated or changed, any remaining service or replacement service will continue to be governed by this Agreement.
2. Payment and Charges:
(a) I agree to pay EOT for (i) all Services contracted under this Agreement, (ii) installation and applicable service charges, (iii) EOT equipment charges, (iv) applicable local, state and federal fees and taxes (i, ii, iii and iv collectively referred to as Recurring Monthly Charges) and usage-based charges (“Usage”), including and not limited to per minute charges, late-payment charges, re-activation charges, technical services charges in addition to the free technical service described discussed below and discussed in detail in paragraph 7, and elsewhere. I will be billed monthly in advance for Recurring Monthly Charges; Usage will be billed in the next monthly billing cycle following my applicable services usage, or as otherwise reasonably determined by EOT. Recurring Monthly Charges are set forth on a separate price list that I have received; Current Usage prices are posted on EOT’s website – www.eot.net. EOT may change both Recurring Monthly Charges and Usage charges. If I participate in a promotional offer that requires a minimum time commitment and I terminate early, I agree that I am responsible for early termination fees associated with such promotion.
(b) Charges for installation and related equipment available from EOT for a standard Services installation are as described in EOT's list of charges and any applicable Tariff(s). Non-standard installations, if available, may result in additional charges as described in EOT's list of charges. In addition, I agree to pay charges resulting from my misuse of EOT equipment or for failures in equipment not supplied by EOT.
c) If my Services account is past due 45 days from the due-date cited on the Customer’s invoice EOT may discontinue services. Non-payment for 75 days from the due date will be automatically interpreted by this Agreement as the Customer’s decision to cancel services. Subject to such cancellation customer will be responsible for early cancelation penalties, EOT equipment and costs associated with collection of money and equipment. I will also be responsible for all other expenses including, but not limited to, collection fees, reasonable attorneys' fees and costs incurred by EOT to collect any unpaid amounts due under this Agreement.
(d) EOT reserves the right to change the late and other fees, additions and penalties. All charges are payable on the due date specified, or as otherwise indicated, on my bill. I agree that late charges may be assessed, subject to applicable law, on amounts that are past due. My failure to deliver payment by the due date is a breach of this Agreement. The current late fees are on the price list or can be provided upon request and, if applicable, will not exceed the maximum late fees as set forth by applicable law.
(e) I agree that if my account with EOT is past due, EOT may terminate any of my Services, in accordance with applicable law. If I have a credit due to me or a deposit is being held on any account with EOT, I agree that the credit or deposit may be used to offset amounts past due on this and any other account I may have with EOT without notice to me. To reconnect any terminated Services, I may be required, in addition to payment of all outstanding balances on all accounts with EOT, to pay reconnect and other (where applicable) charges and/or security deposits before reconnection.
(f) EOT may verify my credit standing with credit reporting agencies and require a deposit based on my credit standing or other applicable criteria. EOT may require a security deposit, or a bank or credit card or account debit authorization from me as a condition of providing or continuing to provide Services. If EOT requires a security deposit, the obligations of EOT regarding such security deposit I agree that EOT may deduct amounts from my security deposit, bill any bank or credit card submitted by me, or utilize any other means of payment available to EOT, for any past due amounts payable by me to EOT, including charges assessed for damaged or unreturned Equipment.
(g) If I have elected to be billed by credit card, debit card or ACH transfer, I agree that I will automatically be billed each month for any amounts due under this Agreement. If I make payment by check, I authorize EOT and its agents to collect this item electronically.
(h) EOT may charge fees for all returned checks and account debit, bank card or charge card chargebacks. The current return/chargeback fees are listed in the list of charges on the price list or can be provided on request. EOT reserves the right to change return/chargeback fees.
(i) All use of my Services, whether or not authorized by me, will be deemed my use and I will be responsible in all respects for all such use, including for payment of all charges attributable to my account (e.g., for VOD movies, merchandise ordered via Internet, long distance charges, etc.). All use of Services from the location at which I receive the Services are my financial and legal responsibility. My Services may make available information, content, merchandise, products and Services provided by third parties for which there may be charges payable to third parties, and I agree that all incurred respective charges will be my sole and exclusive responsibility, and I agree to indemnify and hold harmless EOT for all liability for such charges. I agree that EOT is not responsible or liable in any respect for content, merchandise, products or Services made available to me via the Services, for the representations or warranties made by the seller or manufacturer of any such item, or for damage to or injury, if any, resulting from the use of them.
(j) I acknowledge that currently, and from time to time, there is uncertainty about the regulatory classification of some of the services EOT provides and, consequently, uncertainty about what fees, taxes and surcharges are due from EOT and/or its customers. Accordingly, I agree that EOT has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect them from me. I further agree to waive any claims I may have regarding EOT's collection or remittance of such fees, taxes and surcharges. I further understand that I may obtain the current list of the fees, taxes and surcharges that my local EOT office currently collects or passes through by writing to EOT at the following address and requesting same: EOT, 55 Washington Street Suit 901, Brooklyn, NY 11201-1071; Attention: Subscriber Tax Inquiries.
(k) I agree that it is my responsibility to report EOT billing errors within 90 days from receipt of the bill so that service levels and all payments can be verified. If not reported within 90 days, the errors are waived.
(l) All service charges will be waived for tasks performed by EOT service personnel that are caused by problems originating outside the customer premise or with equipment provided and configured by EOT. Customers will be charged a minimum of $75 per visit and $75 per additional hour to address problems with non-EOT equipment, equipment reconfigured by anyone other than an EOT technician or equipment reconfigured on customer premise to accommodate customer-elected changes.
3. Installation, Equipment and Cabling:
(a) If I am not the owner of the house, apartment or other premises upon which EOT equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for EOT personnel and its agents to enter the premises for the purposes described in Section 3(d). I agree to indemnify and hold EOT harmless from and against any claims of the owner of the premises arising out of the performance of this Agreement (including, but not limited to costs and reasonable attorneys' fees).
(b) I authorize EOT to make any appropriate preparations to the premises necessary for the installation, maintenance, or removal of equipment. EOT shall not be liable for any effects on pre-existing Services or installation workmanship, such as holes in walls, etc., which may remain after installation or removal of EOT’s equipment.
(c) Unless otherwise provided for in a separate agreement, EOT customer premise equipment is, and at all times shall remain the sole and exclusive property of EOT, and I agree that may not become an owner of EOT equipment by virtue of the payments provided for in this Agreement, the attachment of any portion of EOT’s equipment to my residence or otherwise. Upon termination of any Services, EOT may, but shall not be obligated to, retrieve equipment not returned by me as required under Section 3(f) below. EOT will not be deemed to have "abandoned" the equipment if it does not retrieve such equipment.
(d) I understand that it may be deemed necessary to provide EOT and its authorized agents access to my premises during regular business hours upon reasonable notice during the term of this Agreement and after its termination to install, connect, inspect, maintain, repair, replace, alter or disconnect or remove the EOT equipment, to install Software, to conduct service theft audits, or to check for signal leakage. I agree that if EOT is denied reasonable access to EOT equipment located on my premises, EOT may not be able to provide customer care, in which case I agree that and other Recurring Monthly Charges and Usage charges may not be withheld from EOT.
(e) EOT shall have the right to upgrade, modify and enhance EOT equipment and Software from time to time through "downloads" from EOT's network or otherwise. Without limiting the foregoing, EOT may, at any time, employ such means to limit or increase the throughput available through individual cable modems whether or not provided by EOT.
(f) If the Services are terminated, I agree that I have no right to possess or use the EOT equipment related to the terminated Services. As required under Section 10(b), I agree that I must arrange for the return of EOT equipment to EOT, in the same condition as when received (excepting ordinary wear and tear), upon termination of the Services. If I do not return EOT equipment or arrange with EOT for its disconnection and removal, EOT may bill me at the equipment replacement rate identified on the Subscriber Application and Agreement or on the equipment replacement price schedule viewable on EOT’s website and EOT may charge me a continuing monthly equipment fee until outstanding EOT equipment is returned, collected by EOT or fully paid for by me in accordance with Section 3(g). The current fee is listed in the list of charges on the price list or can be provided on request.
(g) Until EOT’s equipment is returned or paid for, I agree to pay EOT the monthly equipment rental charges and the amount specified in the then-current price list for the replacement cost of the EOT equipment, without deduction for depreciation, wear and tear or physical condition of EOT equipment.
(h) I agree that EOT may place equipment and cables on my premises to facilitate the provision of Services to me. The license granted under this Section 3(h) will survive the termination of this Agreement until the date that is one year from the date on which I first notify EOT in writing that I am revoking such license.
4. Use of Services, EOT Equipment and Software:
(b) I agree that the Services I have requested are residential Services, offered for reasonable personal and business, non-mercantile use only. I will not resell or redistribute (whether for a fee or otherwise) the Services, or any portion thereof, or charge others to use the Services, or any portion thereof. Among other things:
(i) If I receive Video Service, I agree not to redistribute or retransmit programming. I agree that my use of the Services to transmit or distribute the Video Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Subscriber Application and Agreement (even if to a limited group of people or to other residences that I own or have the right to use), will constitute a violation of this Agreement and infringement on federal copyright regulations, and this may result in the interruption, suspension or cancelation of services, civil and/or criminal actions penalties and fines. I acknowledge that programs and other materials that I receive as part of the Video Service remain part of the Video Service even if I record or capture all or a portion of any such program or material in a data file or on a hard drive, DVR or similar device.
(ii)I agree not to use the Services for any mercantile or enterprise purpose including but not limited to the resale any aspect of the Services, telemarketing, call center, medical transcription or facsimile broadcasting. I agree that consistent use of the Services by (or to provide or permit access by) persons outside the location identified in the Subscriber Application and Agreement, will constitute an commercial purpose and EOT may charge me the Commercial services rate, which rates are posted on EOT’s price list.
(iii)If I receive Broadband Internet Service, I agree not to resell the Broadband Internet Service in any respect, including but not limited to as an Internet service provider, for the hosting of websites (other than as expressly permitted as part of the Broadband Internet Service) will constitute an enterprise purpose. I agree that, among other things, my use of any form of transmitter or wide area network that enables persons or entities outside the location other than those identified in the Subscriber Application and Agreement to use my Services, whether or not a fee is sought, will constitute an commercial purpose and I will be charged the Commercial rate for Services. Furthermore, as a residential user, I will limit wireless access to the Broadband Internet Service (by establishing and using a secure password or similar means) to the members of my household.
(c) Theft or willful damage, alteration, or destruction of EOT equipment, or unauthorized reception, theft or diversion of Services, or assisting such theft, diversion, or unauthorized reception is a breach of this Agreement and potentially punishable under law (including by way of statutory damages, fine and/or imprisonment). Nothing in this Agreement, including, Section 3(g) above, shall prevent EOT from enforcing any rights it has with respect to theft, unauthorized tampering of Services or EOT equipment under applicable law.
(e) I agree that to the extent any Software is licensed (or sublicensed) to me by EOT, such Software is provided for the limited purpose of facilitating my use of the Services as described in this Agreement. I will not engage in, or permit, any additional copying, or any translation, reverse engineering or reverse compiling, disassembly or modification of or preparation of any derivative works based on the Software, all of which are prohibited. I will return or destroy all Software provided by EOT and any related written materials promptly upon termination of the associated Services to me.
(g) I agree to be responsible for protecting the confidentiality of my screen names, passwords, personal identification numbers (PINs), parental control passwords or codes, and any other security measures made available, recommended and required by EOT. I also acknowledge that EOT's Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, EOT or certain third parties of information that may constitute personally identifiable information (as such term is used in the Federal Communications Act of 1934) about me and for which EOT may be required, under the Federal Communications Act of 1934, to obtain my consent. I agree that EOT may seek such consents (or indications of my election to "opt in" to certain EOT programs) electronically, including through the use of a "click through" screen, and that EOT is entitled to assume that any such consent or opt-in election communicated through my Services or from the location at which I receive the Services is with my consent or opt-in election or has been authorized by me.
(h) I agree that EOT has no liability for the completeness, accuracy or truth of the programs or information it transmits.
5. Provisions Regarding Services:
(a) I acknowledge that the voice-enabled cable modem used to provide the telephone services is electrically powered and the ability to access 911 Services, home security and medical monitoring Services, may not operate in the event of an electrical power outage or if my broadband cable connection is disrupted or not operating. I acknowledge that, in the event of a power outage in my home, any battery included in my voice-enabled cable modem may enable back-up service for a limited period of time or not at all, depending on the circumstances, and that inclusion of the battery does not ensure that such telephone services will be available in all circumstances. I also acknowledge that, in the event of a loss of power that disrupts my Services, the battery in my voice-enabled cable modem will not provide back-up service and Services may not be available.
(b) I agree that EOT will not be responsible for any losses or damages arising as a result of the unavailability of Services, including the inability to reach 911 or other emergency services, or the inability to contact my home security system or remote medical monitoring service provider. I acknowledge that EOT does not guarantee that the Services will operate with my home security and/or medical monitoring systems, and that I must contact my home security or medical monitoring provider in order to test my system's operation with EOT’s Services. I agree that EOT is not responsible for the cost of any such testing or any fees for configuring my home security or medical monitoring system to work with the Services.
(c) The location and address associated with my Service will be the address identified on the Subscriber Application and Agreement. I acknowledge that, under Section 4(d) of this Agreement, I am not permitted to move EOT equipment from the location and address in which it has been installed. Furthermore, if I move my voice-enabled cable modem to an address different than that identified on the Subscriber Application and Agreement, calls from such modem to 911 will erroneously appear to 911-emergency service operators to come from the address identified on the Subscriber Application and Agreement and not the new location.
(d) I acknowledge that the existing telephone wiring inside my home may not support Services. Therefore, I may be required to maintain additional wiring, not provided by EOT, within my home specifically for Services. I agree that I will bear the cost of installing and maintaining all wiring inside my premises, and that EOT may be relied on to install and service such wiring for an additional parts and labor charge as delineated on the EOT’s price list.
(e) I agree to provide EOT and its authorized agents with access to my telephone inside wiring at the Network Interface Device or at some other minimum point of entry in order to provide Services over my existing in-home wiring.
(f) I acknowledge that the Digital Phone Service may not be compatible with certain data transmission Services, including but not limited to fax transmissions and dial-up Internet access and that I may be required to maintain a separate telephone line, in order to access such Services.
(g) I acknowledge that if EOT determines that it is unable to provide Services, at its sole reasonable discretion, then it may decline or rescind the Agreement and Subscriber Application and Agreement.
6. Special Provisions Regarding Broadband Internet Service:
(i) I acknowledge that material posted or transmitted through the Broadband Internet Service may be copied, republished or distributed by third parties, and that the EOT will not be responsible for any harm resulting from such actions.
(ii) I grant to EOT, and I represent, warrant and covenant that I have all necessary lawful rights to so grant, the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display in any media all material posted on the public areas of the Broadband Internet Service via my account and to incorporate the same in other works, but only for purposes consistent with EOT’s successful operation and promotion of the Broadband Internet Service. If EOT determines that it is harmed in any respect by my use of the Broadband Internet Service, including but not limited to use of peer to peer and bit torrent services, EOT may at its sole discretion, suspend or modify such services.
(iii) I agree that unsolicited email, or "spam," is a nuisance and that EOT is entitled to establish limits on the volume of email that I send. Such volume limits may be set by reference to a number of emails per day, week, month or year. EOT will make this determination at its sole reasonable discretion, which may result in suspension or modification such services.
(c) Unfiltered Internet Access. I acknowledge that EOT provides a connection to the Internet that may be unfiltered, and that the EOT Parties neither control nor assume responsibility for any content on the Internet or content that is posted by a subscriber. Although EOT may make available certain parental control features, I acknowledge that such parental control features may not be effective, notwithstanding such features, I or members of my household may be exposed to unfiltered content.
(e) Computer Requirements. I agree that each Computer will need to meet certain minimum hardware and software requirements that will be specified for the Broadband Internet Service, and that such requirements may be changed from time to time by EOT.
7. Support, Service and Repairs:
(a) My Services include the right to request reasonable service and maintenance calls to check and correct problems with the Services. EOT will, at its own expense, repair or replace EOT equipment, and otherwise attempt to correct interruptions of the Services, due to reasonable EOT equipment wear and tear, or technical malfunction of the system or network operated by EOT. The Subscriber Materials contain details on contacting EOT for this support.
(b) Unless I have obtained a EOT service protection plan (if available in my area), I agree that I am responsible for all wiring, equipment and related software installed in my residence. EOT will have no obligation to install, connect, support, maintain, repair or replace any equipment or wiring that EOT did not provide, including but not limited to computer, television, telephone or telephone answering device, audiovisual recording or playback device (e.g., VCR, DVR, DVD), audio equipment, any software, or any cable modem, cabling or other equipment. EOT will not support, repair, replace, or maintain any Network Interface Card, regardless of whether provided and installed by EOT.
(c) I agree that EOT has no responsibility for the operation of any equipment, software or service other than the Services, the EOT equipment and the EOT-licensed Software. For instance, I acknowledge that certain commercially available televisions, converter boxes and recording devices, which may be identified by their manufacturers as "cable ready" or "digital cable ready," may not be able to receive or utilize all available Services without the addition of a EOT converter box or other EOT equipment for which a fee may be charged. If I receive Broadband Internet Service, EOT has no responsibility to support, maintain or repair any equipment, software or service that I elect to use in connection with the Broadband Internet Service.
(d) If EOT determines that non-EOT cabling or equipment connecting my residence to EOT equipment installed on the side of or adjacent to my residence (i.e., at a ground block) is the cause of a service problem, I agree that EOT may charge me to resolve such service problem. If available from EOT in my area, I may subscribe to EOT’s service protection plan that covers service related calls within my residence; please refer to EOT’s price list for the monthly cost of such service plans.
8. Service Interruptions and Force Majeure:
(a) Unless I have entered into an EOT commercial service level agreement, I agree that EOT has no liability for delays in or interruption to my Services. If, however, for reasons within EOT's reasonable control and if for more than twenty-four (24) consecutive hours (i) service on all cable channels is interrupted, (ii) there is a complete failure of the Broadband Internet Service or (iii) there is a complete failure of any other EOT services, EOT will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of such interruption or failure. Notwithstanding the above, EOT will issue credits for VOD, pay-per-view and pay-per-play events for service problems where a credit request is made within 30 days of the interruption or failure. In no event shall EOT be required to credit me an amount in excess of applicable service fees. EOT will make any such credit on the next practicable bill for my Services. State and local law or regulation may impose other outage credit requirements with respect to some or all of my Services. In such event, the relevant law or regulation will control.
(b) I acknowledge that EOT may conduct maintenance from time to time that may result in interruptions of my Services.
(c) The EOT Parties shall have no liability, except as set forth in Section 8(a), for interruption of the Services due to circumstances beyond its reasonable control, including but not limited to acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, electrical power outage, computer viruses or worms, strike or weather.
9. Review and Enforcement:
(b) I agree that EOT shall have the right to take any action that EOT deems appropriate to protect the Services, EOT's facilities or EOT equipment.
10. Termination of Service:
(a) Either EOT or I may at our sole discretion terminate all or any of my Services at any time, in accordance with applicable law.
(b) If I wish to terminate or modify all or any portion of my Services for any reason, I will notify EOT by phone or by mail as instructed in the Subscriber Materials to disconnect the relevant Services and recover the EOT equipment specified on the Subscriber Application and Agreement, if in the case of a move, then on a DATE PRIOR TO the last day of occupancy. This also applies if I am receiving a trial period of free or discounted Services; at the end of the free or discounted period, EOT is entitled to bill me for the Services unless I take the appropriate steps to terminate the Services as described in this paragraph.
(c) I cannot terminate my Services by writing "Canceled" (or any other messages) on my bill or check, or by making a disconnect appointment that does not result in EOT's physical recovery of the EOT equipment. In addition, I agree that any restrictive endorsements (such as "paid in full"), releases or other statements on or accompanying checks or other payments accepted by EOT shall have no legal effect.
11. Disclaimer of Warranty and Limitation of Liability:
(a) I AGREE THAT THE SERVICES ARE PROVIDED BY EOT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER, THE LAWS APPLICABLE TO THIS AGREEMENT. EOT MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE EOT EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE BROADBAND INTERNET SERVICE (INCLUDING THE CONTENT, INFORMATION, SERVICES, EQUIPMENT AND SOFTWARE, THE PURCHASE OF MERCHANDISE AND SERVICES, THE TRANSMISSION OF INFORMATION AND OTHER COMMUNICATIONS BY AND TO ME AND THE DOWNLOADING OF COMPUTER FILES) IS AT MY SOLE RISK. I FURTHER AGREE THAT EOT IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR PORTION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CONTENT ON MY DVR, WITHOUT LIMITING THE FOREGOING:
(i) ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY EOT AND/OR ANY LONG DISTANCE PROVIDER TO ME THAT ARE NOT PART OF THE SERVICES AS DEFINED HEREIN ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND THE EOT PARTIES HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND
(ii) NONE OF THE EOT PARTIES MAKES ANY WARRANTIES AS TO THE SECURITY OF MY COMMUNICATIONS VIA EOT'S FACILITIES OR THE SERVICES (WHETHER SUCH COMMUNICATIONS ARE DIRECTED WITHIN THE SERVICES, OR OUTSIDE THE SERVICE TO OR THROUGH THE INTERNET), OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR MY COMPUTERS(S) OR ONLINE (INCLUDING VOICE) COMMUNICATIONS. I AGREE THAT NONE OF THE EOT PARTIES WILL BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS. I HAVE THE SOLE RESPONSIBILITY TO SECURE MY COMPUTER AND ONLINE (INCLUDING VOICE) COMMUNICATIONS.
(b) I ACKNOWLEDGE THAT EOT'S OR MY INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES, EOT EQUIPMENT AND SOFTWARE MAY RESULT IN DAMAGE TO MY COMPUTER(S), TELEPHONES AND TELEPHONE ANSWERING DEVICES, TELEVISIONS, RECORDING AND PLAYBACK DEVICES, AUDIO EQUIPMENT, OR ANY CABLE MODEM, CABLING OR OTHER EQUIPMENT OR HARDWARE, INCLUDING SOFTWARE AND DATA FILES STORED THEREON. I SHALL BE SOLELY RESPONSIBLE FOR BACKING UP ALL EXISTING COMPUTER OR OTHER SOFTWARE OR DATA FILES PRIOR TO THE PERFORMANCE OF ANY OF THE FOREGOING ACTIVITIES. NONE OF THE EOT PARTIES, OR THEIR VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY EQUIPMENT, SOFTWARE, HARDWARE, DATA OR FILES.
(c) EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN SECTIONS 9(a) AND 8(a) RESPECTIVELY, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY EOT PARTY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES (INCLUDING THE CONTENT INCLUDED THEREIN OR THE SERVICES ACCESSED THEREBY) OR 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 OF OR INABILITY TO USE EMERGENCY 911 SERVICES, OR FOR ANY ACTION TAKEN BY EOT TO PROTECT THE SERVICES OR THE BREACH BY EOT OF ANY WARRANTY.
(d) I AGREE THAT THE PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT OR SERVICES INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICES, AND ARE FOR THE BENEFIT OF, AND MAY BE ENFORCED BY, ALL OF THE EOT PARTIES.
(a) My privacy interests, including my ability to limit disclosure of certain information to third parties, are addressed by, among other laws, the Federal Communications Act of 1934, as amended, and the Electronic Communications Privacy Act. Personally identifiable information that may be collected, used or disclosed in accordance with applicable laws is described in the Subscriber Privacy Notice delivered to me by EOT. I acknowledge receipt of the Subscriber Privacy Notice, which is deemed to form a part of this Agreement, and expresses my consent to the collection, use and disclosure of personally identifiable and other information as described in the Subscriber Privacy Notice, as it may be amended from time to time.
(b) I agree that, in addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, EOT shall each have the right (except where prohibited by law notwithstanding my consent), but not the obligation, to disclose any information to protect EOT rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. I consent to such actions or disclosures.
(c) If I am a telephone customer, I consent to EOT's disclosure of my name, address and/or telephone number to the general public in connection with Caller ID functions, telephone directories and 411 Services. I also consent to EOT's disclosure of personally identifiable information to the telephone companies serving those end users to whom I make calls so that the calls can be completed. If I wish to have EOT remove this information from one or more of these Services, I understand that I may notify EOT to do so; however such requests are subject to applicable fees and EOT’s legal and technical ability to comply.
13. Consent to Phone and Email Contact:
(a) I consent to EOT calling the phone numbers I supply for any purpose, including but not limited collecting on past-due accounts and the marketing of its current and future Services. I agree that these phone calls may be made using any method, including an automatic dialing system or an artificial or recorded voice. Upon my request, the phone numbers I have previously provided will be removed from EOT's phone marketing list. I may request this by calling or writing EOT and requesting placement on EOT's do not call list.
(b) I acknowledge that being included in any state or federal "do not call" registry will not be sufficient to remove me from EOT's phone marketing list.
(c) I consent to EOT communicating me in writing by mail, email, test message and other means, at any address, email address, phone, wireless or mobile device, that I provide to EOT for any purpose, including the marketing of EOT's current and future Services. If my wireless or mobile provider charges me for receipt of such messages, I acknowledge and agree that I am responsible for paying such charges. I may revoke this authorization insofar as it relates to marketing messages at any time by calling or writing EOT.
EXCEPT FOR CLAIMS FOR INJUNCTIVE RELIEF, AS DESCRIBED BELOW, ANY PAST, PRESENT, OR FUTURE CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, INCLUDING, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR OF ANY DISPUTE OR CLAIM BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT HAVE THE POWER TO AWARD INJUNCTIVE RELIEF; INJUNCTIVE RELIEF MAY BE SOUGHT SOLELY IN AN APPROPRIATE COURT OF LAW. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. IF ANY PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THE REMAINDER SHALL CONTINUE TO BE ENFORCEABLE, EXCEPT THAT IF THE PROHIBITION AGAINST CONSOLIDATED OR CLASS ACTION ARBITRATIONS SET FORTH ABOVE IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION CLAUSE SHALL BE NULL AND VOID.
(a)"Agreement" means this Services Subscription Agreement, as it may be amended from time to time by EOT.
(b) "DVR" means a set-top box or other device enabled with a digital video recorder that is provided to me by EOT.
(c) "Broadband Internet Service" mean the online content, features, functions and Services (which may include Internet access) of the ISP selected by me, as provided over EOT's cable systems.
(d)"including" or "include" shall mean inclusion, without limitation.
(e) "Me," "My," and "I" mean the account holder identified on the Subscriber Application and Agreement who is authorized by EOT to access and use the Services.
(f) "Services" means any and all Services provided to me by EOT, which may include Video Service, High Speed Data Service, Digital Phone Service and equipment based Services such as digital video recorder Services.
(g) "Software" means the computer software, if any, licensed by ISP to me to access the Broadband Internet Service, or licensed by EOT to me to facilitate installation or use of my ISP's or OLP's service or any other Services. Software also refers to any executable code that may be included in, downloaded to, or utilized by, any EOT equipment.
(h)"Subscriber Materials" means the handbooks, manuals and other guide materials provided by EOT or any third party regarding use of the Services.
(i) "Subscriber Privacy Notice" means the Subscriber Privacy Notice described in Section 12(a), as it may be amended from time to time by EOT.
(j) "Tariff(s)" means the materials describing the terms upon which EOT offers Digital Phone Service, which have been filed at the Public Service Commission or comparable state agency serving the jurisdiction in which I live.
(l)"EOT" means the local EOT-affiliated cable operator that is providing the Services over its cable system, or any cable operator to whom EOT assigns this Agreement.
(m) "EOT equipment" means any equipment provided by EOT to me for use in connection with the receipt of Services. EOT equipment does not include any Network Interface Card ("NIC") installed in my Computer.
(n) "EOT Parties" means EOT and its corporate parents, affiliates and subsidiaries and their respective directors, officers, employees and agents.
(o) "Video Service" means video and/or audio programming Services such as basic, standard, digital and premium Services, Services provided on a per-channel or per-program basis, pay-per-play, pay-per-view or VOD.
(p) "VOD" means video on demand.
(q)"Subscriber Application and Agreement" means the EOT Subscriber Application and Agreement provided to me in connection with the installation or commencement of my Service(s)
I agree to defend, indemnify and hold harmless the EOT Parties from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of or related in any way to my use of the Services or otherwise arising out of the use of my account or any equipment or facilities in connection therewith, or my use of any other EOT products or Services.
This Agreement will remain in effect until terminated by either party or superseded by a revised Subscription Agreement.
18. Interpretation and Severability:
This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable agreements between a governmental authority and EOT. 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.
19. Consent to Electronic Notice:
I agree that failure by EOT to enforce any of its rights hereunder shall not constitute a waiver of any such rights. Unless otherwise agreed and provided for, no waiver by either party of any breach or default shall automatically be deemed to be a waiver of any preceding or subsequent breach or default.
I understand that my Services are being provided only to the location identified on my Subscriber Application and Agreement and that I am not allowed to transfer any portion of the Services, or EOT's Equipment, to any other person, entity or location, including a new residence. I agree that I may not assign or transfer this Agreement. EOT may transfer or assign any portion or all of this Agreement at any time without notice to me, and I waive any such notice which may be required.
22. Effect of Applicable Law and Reservation of Rights:
23. Conflicting Terms:
In the event of a conflict in the terms and conditions between this Residential Services Subscriber Agreement and the accompanying Subscriber Application and Agreement, then the terms and conditions of this Agreement shall control.