In consideration of TDS Broadband Service LLC’s (“TDS”) activating and/or installing, and/or provisioning of the Services that I have requested and/or receive, subject to applicable law, I AGREE AS FOLLOWS:
1. IMPORTANT INFORMATION ABOUT THIS AGREEMENT
(a) This Agreement, the Work Order, the Acceptable Use Policy, and any effective and applicable Tariff(s), each of which TDS may amend as set forth below, constitute the entire agreement between TDS and me. This Agreement supersedes all previous written or oral agreements between TDS and me. I am not entitled to rely on any oral or written statements by TDS’s representatives relating to the subjects covered by these documents, whether made prior to the date of my Work Order or thereafter, and TDS will have no liability to me except in respect of its obligations as described in this Agreement and the other documents referred to above. The use of my Services by any person other than me is also subject to the terms of this Agreement, the Acceptable Use Policy, and any applicable Tariff(s).
(b) TDS has the right to add to, modify, or delete any term of this Agreement, the Acceptable Use Policy, the Subscriber Privacy Notice, or any applicable price lists or Tariff(s) at any time. The current version of this Agreement, the Acceptable Use Policy, and applicable price lists or Tariff(s), as so changed from time to time, will be available at www.tdstelecom.com or another online location designated by TDS, or can be obtained by calling or visiting the local TDS office. The online versions of these documents are always the most current versions.
(c) TDS encourages me to periodically review these documents to stay informed of any changes. 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 change to any of these documents, my further use of any of the Services will constitute my consent to such change and my agreement to be bound by the terms of the document as so changed. If I do not agree to any such change, I will immediately stop using the Services and notify TDS that I am terminating my Services account.
(d) My acceptance of Services constitutes my acceptance of the terms and conditions contained in this Agreement. In the event that a portion of my Services is terminated, or any aspect of it is changed, any remaining service or replacement service will continue to be governed by this Agreement.
(e) THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT. TDS ENCOURAGES ME TO REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE ME TO RESOLVE ALL DISPUTES WITH TDS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND REQUIRE ME TO FOREGO JURY TRIALS, CLASS ACTIONS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. BY ENTERING INTO THIS AGREEMENT, I EXPRESSLY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS, INCLUDING THOSE OF THE ARBITRATION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
2. BILLING, CHARGES, AND PAYMENTS
(a) I agree to pay TDS for all use of my Services, installation and applicable service charges, TDS Equipment, and all applicable local, state and federal fees and taxes. Charges for the Services that I receive are set forth on a separate price list that I have received and/or can be provided on request. I will be billed monthly in advance for recurring monthly charges. Other charges will be billed as soon as practicable, usually in the next monthly billing cycle following use, or as otherwise specified in the price list. TDS may change both the fees and the types of charges (e.g., periodic, time-based, use-based) for my Services after providing notice as described above. If I participate in a promotional offer that requires a minimum time commitment and I terminate early, I agree that I am responsible for any early termination fees that were described to me at the time that I agreed to take Service(s) under the terms of the promotional offer.
(b) Charges for installation Services and related TDS Equipment available from TDS for a standard Services installation are described in TDS’s list of prices and any applicable Tariff(s) and/or can be provided on request. Non-standard installations, if available, may result in additional charges as described in TDS’s list of charges or may require a specific price quote. In addition, I agree to pay charges for repair service calls resulting from my misuse of TDS Equipment or for repair service calls resulting from failures of any equipment which was not supplied by TDS.
(c) If my Services account is past due and TDS sends a collector to my premises, a field collection fee may be charged. The collection fee is available on request, or may be listed on the current price list. I am responsible for all collection related expenses (including reasonable attorneys’ fees, field collection fees, and costs and collection agency fees) incurred by TDS in collecting any amounts not paid by me and due under this Agreement.
(d) 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. Late fees, if applicable, will not exceed the maximum late fees as set forth by applicable law. TDS reserves the right to change the late fees.
(e) I agree that if my Services account with TDS is past due, TDS may terminate any of my Services or accounts, including Voice Service, in accordance with this Agreement and applicable law. If I have a credit due to me or a deposit is being held on any account with TDS, I agree that the credit or deposit may be used to offset amounts past due on any other account I may have with TDS 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 TDS, to pay reconnect charges or other charges (where applicable) and/or security deposits before reconnection.
(f) TDS may verify my credit standing with credit reporting agencies and require a deposit based on my credit standing or other applicable criteria. TDS may require a security deposit from me as a condition of providing or continuing to provide Services or as a condition of receiving TDS Equipment. If TDS requires a security deposit, the obligations of TDS regarding such security deposit will be governed by the terms of TDS’ currently effective TDS credit requirements policy. In addition, a bank or credit card or account debit authorization from me may be required as a condition of providing or continuing Services. I agree that TDS 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 TDS, for any past due amounts payable by me to TDS, including charges related to damaged or unreturned TDS Equipment.
(g) If I have elected to be billed by credit card, debit card, electronic check, 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 TDS and its agents to collect this item electronically.
(h) TDS may charge fees for all returned checks and account debit, bank card or charge card charge backs. The current return/chargeback fees are listed in the List of Charges on the Price List or can be provided upon request. TDS reserves the right to change return/chargeback fees. TDS reserves the right to refuse payments by check on an account where prior check payments have been returned due to insufficient funds.
(i) I assume full responsibility for all use of my Services. 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, pay-per-view, merchandise ordered via internet, international long distance charges, etc.). TDS is entitled to assume that any communications made through my Services or from the location at which I receive the Services are my communications or have been authorized by me, and I authorize TDS to provide Services to the person making such communications. My Services may contain or make available information, content, merchandise, products and services provided by third parties and for which there may be charges payable to third parties. I agree that all such charges incurred by me or attributed to my account will be my sole and exclusive responsibility and agree to pay the same when due, and shall indemnify and hold harmless TDS for all liability for such charges. I agree that TDS is not responsible or liable for the quality of any content, merchandise, products or services (or the price thereof) 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 such item.
(j) I acknowledge that currently, and from time to time, there is uncertainty about the regulatory classification of some of the Services TDS provides and, consequently, uncertainty about what fees, taxes and surcharges are payable to the relevant governmental authority by TDS and/or its customers. Accordingly, I agree that TDS has the right to determine, in its sole discretion, what fees, taxes and surcharges are due and to collect and remit them to the relevant governmental authorities, and/or to pay and pass them through to me. I further agree to waive any claims against TDS and to hold TDS harmless for any TDS collection or remittance of such fees, taxes and surcharges which are made by TDS in good faith. I further understand that I may obtain a list of the currently applicable fees, taxes and surcharges from my local TDS office.
(k) I agree that TDS has no obligation to notify me of, or change my rate to reflect, offers it may make to consumers that contain different prices for Services (or packages of Services) that are the same as, or similar to, the Services I receive.
3. EQUIPMENT AND INSTALLATION
a) If I am not the owner of the house, apartment or other premises upon which TDS Equipment and Software are to be installed, I warrant that I have obtained the consent of the owner of the premises for TDS personnel and/or its agents to enter the premises. I agree to indemnify and hold the TDS Parties harmless from and against any claims by the owner, occupant, or user of the premises arising out of the performance of this Agreement (including costs and reasonable attorneys’ fees).
(b) I authorize TDS to take any action necessary for the installation, maintenance, or removal of TDS Equipment as I have authorized by requesting and using the Services. Except for damages caused by negligence, I will hold TDS harmless from any claims arising from any installation of Services and TDS Equipment by TDS, its agents or contractors. This includes, without limitation alteration or change in appearance to any building or structure such as holes in walls, visible wires, chipped or marred paint, etc., which may remain after installation or removal of the TDS Equipment.
(c) The TDS Equipment is and at all times shall remain the sole and exclusive personal property of TDS, and I agree that I do not become an owner of any TDS Equipment by virtue of the payments provided for in this Agreement or the Tariff(s), having possession of the equipment, or the attachment of any portion of the TDS Equipment to my residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, TDS may, but shall not be obligated to, retrieve any associated TDS Equipment not returned by me as required below. TDS will not be deemed to have “abandoned” the TDS Equipment if it does not retrieve such equipment.
(d) I agree to provide TDS 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 TDS Equipment, to install Software, to conduct theft-of-service audits, or to check for signal leakage. I agree that TDS may have reasonable access to easements and premises which contain TDS Equipment located at my address.
(e) TDS shall have the right to upgrade, modify and enhance TDS Equipment and Software from time to time through “downloads” from TDS’s network or otherwise. Without limiting the foregoing, TDS may, at any time, and consistent with the terms governing the Services to which I subscribe, employ such means to limit or increase the throughput available through individual cable modems whether or not provided by TDS.
(f) If any of the Services are terminated, I agree that I have no right to possess or use the TDS Equipment related to the terminated Services. I agree that I must arrange for the return of TDS Equipment to TDS, in the same condition as when received (except ordinary wear and tear), upon termination of the Services. If I do not promptly return the TDS Equipment or schedule with TDS for its disconnection and removal, TDS may enter any premises where the TDS Equipment may be located for the purpose of disconnecting and retrieving the TDS Equipment. I will pay any expense incurred by TDS in any retrieval of the unreturned TDS Equipment. TDS may charge me, and I agree to pay a continuing monthly fee until any outstanding TDS Equipment is returned, collected by TDS or fully paid for by me.
(g) I agree I have a duty to take reasonable care of all TDS Equipment located on my premises or in my possession. I agree to pay TDS liquidated damages in the amount specified in the TDS Equipment documents provided with the TDS Equipment, without any deduction for depreciation, wear and tear or physical condition of any TDS Equipment under the following circumstances:
(i) if I tamper with, or permit others to tamper with, TDS Equipment
(ii) if the TDS Equipment is destroyed, lost, or stolen, whether or not due to circumstances beyond my reasonable control, even if I exercised due care to prevent such destruction, loss, or theft, or
(iii) if the TDS Equipment is damaged while in my possession, whether or not due to circumstances beyond my reasonable control, and even if I exercised due care to prevent such damage. I agree that these liquidated damages are reasonable in light of the problem of theft of cable Services; the existence of a “black market” in TDS Equipment; the ability of third parties to steal Services with unlawfully obtained TDS Equipment, causing loss of revenues for installation and service fees; and the difficulty in determining the actual damages that arise from the unauthorized tampering with, loss, destruction, or theft of TDS Equipment. I agree to return any damaged TDS Equipment to TDS. Liquidated damages will not apply to TDS Equipment which is damaged by equipment malfunction through no fault of my own.
(h) I agree that TDS may place equipment and cables on my premises to facilitate the provision of Services to me and to other locations in my area. The license granted under this section shall survive the termination of this Agreement unless and until it is terminated by a minimum 90 days notice in writing.
4. TDS EQUIPMENT, MAINTENANCE AND SOFTWARE USE OF SERVICES
(a) I agree that TDS has the right to add to, modify, or delete any aspect, feature or requirement of the Services (including content, price, equipment, and system requirements). If TDS changes its equipment requirements with respect to any Services, I acknowledge that I may not be able to receive such Services utilizing my then-current equipment. Upon any such change, my continued use of Services will constitute my consent to such change and my agreement to continue to receive the relevant Services, as so changed, pursuant to this Agreement, the Acceptable Use Policy, and the applicable price lists or Tariff(s). If I participate in a promotional offer for any Service(s) that covers a specified period of time, I agree that I will pay the promotional price for such Service(s) during the time specified and I will pay the normal charges applicable to the Service(s) after the time specified. I agree that TDS shall have the right to add to, modify, or delete any aspect, feature or requirement of the relevant Service(s), other than the price I am charged, during such promotional period.
(b) If I have requested residential Services, I agree that the Services I use will only be for reasonable personal, non-commercial use (non business use). 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 use the Video Services for the redistribution or retransmission of programming to any other person located outside the location identified in the Work Order or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, 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 Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose. 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) If I receive Voice Service, I agree not to use the Services for telemarketing, call center, medical transcription or facsimile broadcasting services or for any enterprise purpose whether or not the enterprise is directed toward making a profit. I agree that, among other things, my use of the Services to make available my Voice Service, or any portion thereof, to (or to provide or permit access by) persons outside the location identified in the Work Order (even if to a limited group of people or to other residences that I own or have the right to use), will constitute an enterprise purpose.
(iii) If I receive High Speed Data Service, I agree not to use the High Speed Data Service for operation as an internet service provider, for the hosting of websites (other than as expressly permitted as part of the High Speed Data Service) or for any enterprise purpose whether or not the enterprise is directed toward making a profit. 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 identified in the Work Order to use my Services, whether or not a fee is sought, will constitute an enterprise purpose. Furthermore, if I use a wireless network within my residence, I will limit wireless access to the High Speed Data Service to the members of my household by taking reasonable steps to prevent unauthorized use such as by establishing and using a secure password or similar means.
(c) Theft or willful damage, alteration, or destruction of TDS 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 the imposition of liquidated damages under Section 3 (g) above shall prevent TDS from enforcing any rights it has with respect to theft or unauthorized tampering of Services or TDS Equipment under applicable law.
(d) I will not, nor will I allow others to, open, alter, misuse, tamper with or remove the TDS Equipment as and where installed by TDS or use it contrary to this Agreement, the Acceptable Use Policy, or the applicable price lists or Tariff(s). I will not, nor will I allow others to remove any markings or labels from the TDS Equipment indicating TDS ownership or serial or identity numbers. I will safeguard the TDS Equipment from loss or damage of any kind, including accidents, breakage or house fire, and will not permit anyone other than an authorized representative of TDS to perform any work on the TDS Equipment.
(e) I agree that to the extent any Software is licensed (or sublicensed) to me by TDS, 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 TDS and any related written materials promptly upon termination of the associated Services to me for any reason.
(f) I agree that I will use the Services for lawful purposes only, and in accordance with this Agreement, the Acceptable Use Policy and the applicable prices lists or Tariff(s) to the extent this information is acquired by any other person (through no fault of TDS), TDS may assume that I have authorized such person’s use of information.
(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 or required by TDS. I also acknowledge that TDS’s Services may from time to time include interactive features, the use of which may result in the transmission to, and use by, TDS 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 TDS may be required, under the Federal Communications Act of 1934, to obtain my consent. I agree that TDS may seek such consents (or indications of my consent by my election to “opt in” to certain TDS programs) electronically, including through the use of a “click through” screen, and that TDS 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 my consent which has been authorized by me.
5. SPECIAL PROVISIONS REGARDING VOICE SERVICE
(a) TDS’s Voice Service is an enhanced direct dialed voice communications service whereby voice communication is converted to Internet Protocol (“IP”) and carried, in part, over high speed data (internet) access. Voice Service includes certain calling and call management features or advanced features, subject to change from time to time. This service may be generically referred to as “Voice over IP” or “VoIP”. TDS’s Voice Service is not traditional telecommunications voice or phone service and it is separate and distinct from standard local, local toll, and long distance services. TDS provides its Voice Service on a best efforts basis. Number portability and comparable seven digit dialing and local calling areas should be available to subscribers of TDS’s Voice Service. Voice Service is subject to different regulatory treatment than traditional telecommunications service and this treatment may limit or otherwise affect your rights of redress before regulatory agencies.
(b) I acknowledge that the voice-enabled cable modem, called a multimedia terminal adapter or “MTA”, used to provide the Voice Service is electrically powered and that the Voice Service, including the ability to access 911 Services and home security and medical monitoring Services, may not operate in the event of an electrical power outage, electrical power disruption, or if my High Speed Data Service (broadband or internet) is disrupted or not operating. I acknowledge that, in the event of a power outage in my home, any battery included in my MTA 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 Voice Service will be available in all circumstances. I also acknowledge that, in the event of a loss of power that disrupts my local TDS cable system, the battery in my MTA will not provide back-up service and the Voice Service will not be available. I acknowledge that a power outage or disruption may require me to reset or reconfigure my MTA or phone equipment prior to utilizing the Voice Service. I acknowledge the MTA service requirements and installation notice in the two paragraphs below:
(i) The MTA allows connectivity from a regular phone handset (I must supply my own phone handset) to my High Speed Data Service (broadband or internet). I am responsible to keep my MTA configured per TDS’s operating standards. In addition, Voice Service may, from time to time, be interrupted for equipment, network, or facility upgrades or modifications. TDS reserves the right to terminate my Voice Service if I should tamper with the MTA. Activities that are considered as tampering are, including but not limited to, changing of the electronic serial number or equipment identifier of the MTA or to perform a factory reset of the MTA with express permission from TDS.
(ii) I agree to allow TDS to use and connect to my existing telephone inside wiring, as long as TDS has reasonable access to it. I acknowledge that I have the right to give TDS access to the existing telephone inside wiring, and that in order to make the connection, TDS must first disconnect my existing telephone inside wiring from the network of my existing telephone provider, which may disable any services I receive from them. TDS is not responsible for the quality of my existing telephone inside wiring. If my Voice Service installation requires TDS to rewire my existing telephone inside wiring in part or entirety then additional installation charges may apply based on the existing price list or Tariff or by specific quote.
(c) I agree that TDS will not be responsible for any losses or damages arising as a result of the unavailability of the Voice Service, 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 TDS does not guarantee that the Voice Service 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 the Voice Service. I agree that I am responsible for the cost of any such testing or any fees for configuring my home security or medical monitoring system to work with the Voice Service. Other non-voice communication equipment may or may not be compatible with the TDS Voice Service, including but not limited to, fax machines, modems, rotary-dial phone hand-sets, answering machines, traditional Caller ID units, private branch exchange (PBX) equipment and other analog phone devices. Also, casual/dial around (10- 10) calling and certain toll exchanges such as 1-900 numbers may or may not be supported. I agree to use the Voice Service at my own risk and waive any claim against TDS for interference with or disruption of such devices or systems.
(d) The location and service address associated with my Voice Service will be the address identified on the Work Order and thereby attached to my account. I ACKNOWLEDGE THAT I AM SOLELY RESPONSIBLE TO CORRECTLY IDENTIFY THE ACTUAL CURRENT AND CORRECT PHYSICAL STREET ADDRESS LOCATION WHERE MY VOICE SERVICE AND MTA WILL BE LOCATED AND THAT FAILURE TO DO SO MAY RESULT IN 911 COMMUNICATIONS BEING MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER OR INCORRECT DISPATCH OF EMERGENCY PERSONNEL TO AN INCORRECT ADDRESS. I acknowledge that, under Section 4 (d) of this Agreement, I am not permitted to move TDS Equipment from the location and address in which it has been installed. Furthermore, if I move my MTA to an address different than that identified on the Work Order, calls from such modem to 911 emergency service operators to be coming from the address identified on the Work Order and not the new address. I agree and acknowledge that TDS is not responsible for loss or damages as a result of my failure to move the MTA to another location from where it was installed with-out TDS’s approval.
(e) I agree that in the event of a material error or omission affecting my directory listing information, regardless of form or fault by TDS, including the erroneous inclusion in published directory listings of any information that I intend not to have published, my sole remedy shall be a service credit in an amount set by TDS’s then-current standard policies or an amount prescribed by applicable regulatory requirements, whichever is greater. TDS shall have no other liability for errors, omissions or mistaken inclusions in directory listings.
(f) TDS and its agents, contractors, and suppliers reserve the right to delete my Voice Mail, call detail, data, files, or other information that is stored on TDS and its agents, contractors, and suppliers’ servers or systems, as a result of either termination of my TDS Voice Service or in accordance with its storage policies. I agree that TDS has no liability as a result of loss or removal of any such Voice Mail, call detail, data, files, or other information.
(g) I agree to be liable for all authorized or unauthorized use of my Voice Service at my premises. I agree to notify TDS immediately in writing or by calling the local TDS office if I become aware at any time that the MTA has been stolen or that my Voice Service is being used without my authorization or has been stolen.
(h) Local Number Portability. In the event that you are not utilizing or taking a new phone number for your TDS Voice Service, but rather are transferring an existing phone number, which is currently subscribed to a carrier other than TDS or its agents for local, local toll, and/or long distance telecommunication services, the terms and conditions of the following four paragraphs apply:
(i) I hereby authorize TDS or its agents to process my order for Voice Service and to notify my local telephone provider of my decision to switch my local, local toll, and long distance services to TDS, and represent that I am authorized to take this action. I further acknowledge that I have signed or will sign a Letter of Authorization (LOA) to allow such transfer of phone number called a “port”.
(ii) I agree and acknowledge that if I or TDS personnel setup my MTA for Voice Service prior to the date that the number port becomes effective, I may not be able to make or receive calls over the phone that is connected to the MTA. TDS will schedule my estimated port effective date. I acknowledge that TDS does not control the port effective date and my current local telephone provider may not meet the estimated port effective date.
(iii) I agree and acknowledge that I must not disconnect or terminate my service with my local telephone provider until after the port becomes effective. I acknowledge that disconnecting or terminating my local telephone service prior to the port effective date may result in a failed port and could result in losing my existing phone number.
(iv) I acknowledge that I am completely and totally responsible for requesting disconnection or termination of my local, local toll, and long distance service with my local provider after the port to TDS has taken place. I agree to waive any claim against TDS for my failure to disconnect or terminate service with my prior local telephone provider.
6. SPECIAL PROVISIONS REGARDING HIGH SPEED DATA SERVICE
(a) Speeds and Network Management. I acknowledge that each tier or level of the High Speed Data Service has limits on the maximum speed at which I may send and receive data at any time, as set forth in the price list or Acceptable Use Policy or specific contract with TDS. The maximum speed at which I send and receive data may be achieved in bursts, but generally will not be sustained on a consistent basis due to the nature of the internet, the protocols used to transmit data to and from the internet, and TDS facilities. I understand that the actual speeds I may experience at any time will vary based on a number of factors, including the capabilities of my Computer, wiring at my location, time of day I use the Service, internet congestion, the technical properties of the websites, content and applications that I access, and network management techniques employed by TDS. I agree that TDS (including any Internet Service Provider which TDS contracts to provide my internet service) may change the speed of any tier by amending the price list or Acceptable Use Policy and providing notice as described in this Agreement. My continued use of the High Speed Data Service following such notice will constitute my acceptance of any new speed. I also agree that TDS may use technical means, or tools, including but not limited to suspending or reducing the speed of my High Speed Data Service, to ensure compliance with its Acceptable Use Policy and to ensure that its service operates efficiently. I further agree that TDS (including any Internet Service Provider which TDS contracts to provide my data service) has the right to monitor my bandwidth usage patterns to facilitate the provision of the High Speed Data Service and to ensure my compliance with the Acceptable Use Policy and to efficiently manage its network and the provision of services. TDS (including any Internet Service Provider which TDS contracts to provide my data service) may take such steps as it determines appropriate in the event my usage of the High Speed Data Service does not comply with the Acceptable Use Policy. I acknowledge that High Speed Data Service does not include other services managed by TDS and delivered over TDS shared infrastructure, including Video Service and Voice Service.
- b) I acknowledge that material I post or transmit through the High Speed Data Service may be copied, republished or distributed by third parties, and I will hold TDS, its agents and contractors harmless for any harm resulting from such actions.
(c) I may rent a cable modem from TDS or may purchase a DOCSIS-compliant, TDS approved cable modem from a third party provider. TDS reserves the right to provide service only to users with TDS-approved DOCSIS-compliant modems. Modems that are not TDS approved may not function as intended and may not receive TDS advertised Services.
(d) I grant to TDS, and I represent, warrant and covenant that I have all necessary rights to so grant, the non-exclusive, world-wide, 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 High Speed Data Service via my account and/or to incorporate the same in other works, but only for purposes consistent with operation and promotion of the High Speed Data Service.
(e) I agree that unsolicited email, or “spam,” is a nuisance and that TDS (including any Internet Service Provider which TDS contracts to provide my data service) is entitled to establish limits on the volume of email that I send if TDS has reasonable cause to believe I am abusing my Service. Such volume limits may be set by reference to a number of emails per day, week, month or year.
(f) Unfiltered Internet Access. I acknowledge that TDS (including any Internet Service Provider which TDS contracts to provide my data service) provides a connection to the Internet that may be unfiltered, and that TDS neither controls nor assumes responsibility for any content on the Internet that I may receive, see or access or content that is posted by a subscriber. If TDS (including contractors of TDS) makes Parental Control Features available, I acknowledge that such Parental Control Features may not be entirely effective or foolproof and that notwithstanding such Features, I or members of my household may be exposed to unfiltered content.
(g) I agree that TDS (including any Internet Service Provider which TDS contracts to provide my data service) has the right, but not the obligation, to edit, refuse to post or transmit, request removal of, or remove or block any material transmitted through, submitted to or posted on the High Speed Data Service, if it determines in its discretion that the material is unacceptable or violates the terms of this Agreement, any TDS consumption limits, the Acceptable Use Policy, or any contract with TDS. Such material might include personal home pages and links to other sites. In addition, I agree that, under such circumstances, TDS may suspend my account (Service), take other action to prevent me from utilizing certain privileges (e.g., home pages) or cancel my account for using all or part of the High Speed Data Service in a manner that violates the Agreement or the Acceptable Use Policy or any contract with TDS.
(h) Responsibility for High Speed Data Provider. TDS (including any Internet Service Provider which TDS contracts to provide my data service) has responsibilities for the High Speed Data Service. I acknowledge that TDS (including any Internet Service Provider which TDS contracts to provide my data service) may have one or more separate agreements, policies or other terms covering my rights and obligations with regard to the High Speed Data Service that are also binding on me. This Agreement does not obligate TDS to have any relationship or obligation to any Internet Service Provider or On-Line Provider features or services that may otherwise be provided to me by an Internet Service Provider or On-Line Provider over the TDS High Speed Data Service. In the event of termination of the High Speed Data Service, I must also contact my Internet Service Provider or On-Line Provider to ensure that these other features or services (such as dial-up access) are properly continued or discontinued.
(i) Computer Requirements. I agree that I am solely and fully responsible to assure each Computer I use on the High Speed Data Service meets any minimum hardware and software requirements that may be specified for the High Speed Data Service, and that such requirements may be changed from time to time by TDS (including any Internet Service Provider which TDS contracts to provide my data service) or my Internet Service Provider, or On-Line Provider.
7. FRANCHISE INFORMATION FOR VIDEO SERVICE
(a) I understand that my Video Service is provided under a franchise agreement with the local government entity in whose jurisdiction I reside, or under a North Carolina state franchise, where applicable. Local Franchise Information is located in the TDS lobby at 435 South Broad Street, Mooresville, NC 28115. Regulatory Information may be obtained from the Federal Communications Com-mission – Cable Services Bureau -Consumer Protection Division, 445 12th St. S.W., Washington, DC 20554 (phone 202-418-7200). State franchise information is available at http://www.secretary. state.nc.us/cable/ThePage.aspx.
8. SUPPORT; SERVICE AND REPAIR
(a) My Services include the right to request reasonable service and maintenance calls to check and correct problems with the Services. TDS will, at its own expense, repair damage to or, at TDS’s option, replace TDS Equipment, and otherwise attempt to correct interruptions of the Services, due to reasonable TDS Equipment wear and tear, or technical malfunction of the system or network operated by TDS. TDS is not responsible for customer premise wiring even if installed by TDS.
(b) Unless I have obtained a TDS 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 that is not TDS Equipment or TDS-licensed Software and TDS will have no obligation to install, connect, support, maintain, repair or replace any 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 (other than TDS Equipment or TDS-licensed Software). TDS will not support, repair, replace, or maintain any Network Interface Card, regardless of whether provided and installed by TDS.
(c) I agree that TDS has no responsibility for the operation of any equipment, software or service other than the Services, the TDS Equipment and the TDS-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 TDS converter box or other TDS Equipment for which a fee may be charged. I further acknowledge that, even if TDS furnishes other TDS Equipment to me that is compatible with my equipment, my equipment may not receive all Services available to customers using a TDS converter box. If I receive High Speed Data Service, TDS has no responsibility to support, maintain or repair any equipment, software or service that I elect to use in connection with the High Speed Data Service, whether provided by my Internet Service Provider, my On-Line Provider or a third party. For assistance with technical problems arising from such equipment, software or Services, I will refer to the Subscriber Materials for information regarding the technical support provided by my Internet Service Provider or On-Line Provider or to the support area of the Internet Service Provider or On-Line Provider or to the relevant third party’s material.
(d) If TDS determines that non-TDS cabling or equipment connecting my residence to TDS Equipment installed at my address (i.e., at a ground block) is the cause of a service problem, I agree that TDS may charge me to resolve such service problem. If available from TDS in my area, I may subscribe to a TDS service protection plan that covers service related calls within my residence. If any other support Services are available from TDS, such Services will be at additional charges as described in TDS price list or by specific quote.
9. SERVICE INTERRUPTIONS; FORCE MAJEURE
(a) I agree that TDS has no liability for delays in or interruption to my Services, except that if for reasons fully within TDS’s reasonable control, for more than twenty-four (24) consecutive hours,
(i) service on all cable channels is interrupted or
(ii) there is a complete failure of the High Speed Data Service, or
(iii) there is a complete failure of my Voice Service, TDS will give me a prorated credit for the period of such interruption or failure if I request one within 30 days of the interruption or failure. Notwithstanding the above, TDS will issue credits for 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 TDS be required to credit me an amount in excess of applicable service fees. TDS 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 and agree that TDS may conduct maintenance from time to time that may result in interruptions of my Services.
(c) TDS shall have no liability for interruption of the Services due to circumstances beyond its reasonable control, including acts of God, flood, natural disaster, vandalism, terrorism, regulation or governmental acts, fire, civil disturbance, performance failures by par-ties outside the control of TDS (e.g., electrical power outage, or fiber or cable damage caused by third parties) computer viruses or worms, labor disputes, strikes, lockouts or interruptions, vehicle accidents or weather.
(d) TDS is only obligated to provide the above-referenced credits for loss of Services if TDS is billing me for the Service at the time of the outage. If my Internet Service Provider or On-Line Provider is billing me, I will look solely to my Internet Service Provider or On-Line Provider, as applicable, for a credit with respect to the High Speed Data Service.
10. REVIEW AND ENFORCEMENT
(a) TDS may suspend or terminate all or a portion of my Services without prior notification if TDS determines in its sole discretion that I have violated this Agreement, the Acceptable Use Policy or any Tariff(s), or any customer specific contract even if the violation was a one-time event. If all or a portion of my Services are suspended, I will not be charged for the relevant Services during the suspension. If my account is terminated, I will be refunded any pre-paid fees minus any amounts due to TDS.
(b) If I receive High Speed Data Service, I acknowledge that TDS has the right, but not the obligation, to review content on public areas of the High Speed Data Service, including chat rooms, bulletin boards and forums, in order to determine compliance with this Agreement and the TDS Acceptable Use Policy.
(c) I agree that TDS shall have the right to take any action that TDS deems appropriate to protect the Services, TDS’s facilities or TDS Equipment.
11. TERMINATION OF SERVICE
(a) Either TDS, or I, each in its sole discretion, may terminate all or any portion of my Services at any time for any or no reason, in accordance with the Agreement and applicable law.
(b) If I am moving or wish to terminate all or any portion of my Services for any reason, I will notify TDS by phone or visit the local TDS office to set up a disconnect appointment prior to the last day of residency and I will provide TDS with access to my premises to disconnect the relevant Services and recover the TDS Equipment specified on the work order. TDS will terminate services on the date I request, if practical and if sufficient notice is given. TDS will schedule a service call to remove TDS Equipment as soon as practical based on staffing, holidays, weekends, and other relevant factors. Upon termination of Service, any free, promotional or discounted Service or offering is also terminated.
(c) I can terminate my Services only as specified in this Agreement. I cannot terminate my Services by writing “Cancelled” (or any other messages) on my bill or check, or by making a disconnect appointment that does not result in TDS’s physical recovery of the TDS 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 TDS shall have no legal effect.
(d) I acknowledge that notice given by me to TDS of termination of my Services may not be sufficient to terminate billing by any third party for additional or continuing services. I assume responsibility for any additional notice of termination required to any third party. I agree that I am solely responsible for contacting any third party in addition to TDS to ensure that all such Services are terminated in accordance with the third party’s terms of service, if applicable.
12. DISCLAIMER OF WARRANT; LIMITATION OF LIABILITY
(a) I AGREE THAT THE SERVICES ARE PROVIDED BY TDS 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. TDS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, OR THAT THE TDS EQUIPMENT WILL OPERATE AS INTENDED. IN PARTICULAR, I AGREE THAT MY USE OF THE HIGH SPEED DATA 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 TDS IS NOT RESPONSIBLE FOR THE RECORDING OF OR FAILURE TO RECORD ANY PROGRAM OR POR-TION THEREOF, OR FOR THE CONTENT OF ANY PROGRAM OR CON-TENT ON MY DVR. WITHOUT LIMITING THE FOREGOING:
(i) ANY AND ALL PRODUCTS AND SERVICES PROVIDED BY TDS OR ANY OTHER THIRD PARTY THAT IS NOT PART OF THE SERVICES AS DEFINED HEREIN AND ARE OUTSIDE THE SCOPE OF THIS AGREEMENT AND TDS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH PRODUCTS OR SERVICES; AND
(ii) TDS DOES NOT MAKE ANY WARRANTIES AS TO THE SECURITY OF MY COMMUNICATIONS VIA TDS’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 COMPUTER(S) OR ONLINE (INCLUDING VOICE) COMMUNICATIONS. I AGREE THAT TDS WILL NOT 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 TDS’s OR MY INSTALLATION, USE, INSPECTION, MAINTENANCE, REPAIR, REPLACEMENT OR REMOVAL OF THE SERVICES, TDS 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 TDS PARTIES, OR THEIR VENDORS, LICENSEES OR PROGRAMMERS, SHALL HAVE ANY LIABILITY, AND EACH EXPRESSLY DISCLAIMS ANY RESPONSI-BILITY WHATSOEVER, FOR ANY DAMAGE TO OR LOSS OR DESTRUC-TION OF ANY EQUIPMENT, SOFTWARE, HARDWARE, DATA OR FILES.
(c) EXCEPT FOR THE REFUND OR CREDIT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT (INCLUDING NEGLIGENCE) WILL ANY TDS PARTY OR ANY PERSON OR ENTITY INVOLVED IN CRE-ATING, 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, FOR ANY ERRORS, OMISSIONS, MISTAKEN INCLUSIONS OR PUBLICA-TION OF ANY DIRECTORY LISTING INFORMATION, REGARDLESS OF FORM; OR FOR ANY ACTION TAKEN BY TDS TO PROTECT THE SERVICES OR THE BREACH BY TDS OF ANY WARRANTY.
(d) I AGREE THAT THE PROVISIONS OF THIS SECTION 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 TDS. ITS AGENTS AND CONTRACTORS.
(b) I agree that, in addition to actions and disclosures specifically authorized by law or statute or authorized elsewhere in this Agreement, TDS shall have the right (except where prohibited by law notwithstanding my consent), but not the obligation, to disclose any information to protect its respective rights, property and/or operations, or where circumstances suggest that individual or public safety is in peril. I consent to such actions or disclosures.
14. CONSENT TO PHONE & EMAIL CONTACT
(a) I consent to TDS to use and call the phone numbers that I supplied to TDS for any purpose, including 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 TDS’s phone marketing list. I can make this request by calling or writing my local TDS office and asking to be placed on TDS’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 TDS’s phone marketing list. (c) I consent to TDS emailing me, at any email address, including that of a wireless or mobile device, that I provide to TDS (or that TDS issues to me in connection with the High Speed Data Service), for any purpose, including the marketing of TDS‘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 my local TDS office.
(a) Arbitration Agreement
BY AGREEING TO THIS AGREEMENT, I AGREE THAT I AM REQUIRED TO RESOLVE ANY CLAIM THAT I MAY HAVE AGAINST TDS ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE ME FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST TDS, AND ALSO PRECLUDE ME FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST TDS BY SOMEONE ELSE. THE ABOVE NOTWITHSTANDING, THE ARBITRATION PROVISION IS NULL AND VOID IF MULTIPLE ARBITRATIONS ARE FILED THAT ARE VIRTUALLY IDENTICAL IN THAT THEY ASSERT THE SAME CLAIMS AND/OR SEEK IDENTICAL FORMS OF RELIEF.
(b) Binding Arbitration
I AND TDS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY – REGARDLESS OF WHEN THE DISPUTE, CLAIM, OR CONTROVERSY AROSE – ARISING OUT OF OR RELATING TO (A) ANY PART OF THE AGREEMENT, OR THE EXISTENCE, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR (B) MY ACCESS TO OR USE OF THE SERVICES AT ANY TIME, WILL BE SETTLED BY BINDING ARBITRATION BETWEEN ME AND TDS, AND NOT IN A COURT OF LAW IN ANY JURISDICTION. SUCH DISPUTE SHALL BE SUBMITTED TO JAMS FOR ARBITRATION IN THE COUNTY OF MY BILLING ADDRESS (OR SUCH OTHER LOCATION AS I AND TDS OTHERWISE MUTUALLY AGREE) AND SHALL BE BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, ONLY AS MODIFIED BY THESE TERMS.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. I acknowledge and agree that I and TDS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both I and TDS agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, I and TDS each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
(c) Rules and Governing Law
The arbitration will be administered by JAMS in accordance with the JAMS Comprehensive Rules and Procedures (the “JAMS Rules”) then in effect, except as modified by this Arbitration Agreement. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/ or I may call JAMS at 800-352-5267.
Notwithstanding any choice of law or other provision in the Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state designated in section 22 below.
(d) Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. I can contact JAMS for more information on how to commence an arbitration proceeding at https://www.jamsadr.com/ or 1-800-352-5267.
TDS will advance, or reimburse me for, any reasonable filing, administration and arbitrator fees for any arbitration initiated in accordance with this Section. If TDS prevails in the arbitration, both parties agree that they will share equally in the costs of arbitration. If the arbitrator determines that either the substance of the claim for relief sought in the demand for arbitration was frivolous or brought for an improper purpose as measured by Federal Rule of Civil Procedure 11(b), TDS may, in its discretion, move to seek its costs of arbitration. TDS will reimburse me for my reasonable attorneys’ fees and costs if the arbitrator awards me an amount equal to or greater than the amount I have demanded in the arbitration.
(e) Arbitrator’s Decision
The Arbitrator will render an award within the time frame specified in the JAMS Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. An arbitrator’s decision shall be final and binding on all parties.
I agree to defend, indemnify and hold harmless the TDS 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 TDS products or Services or any Internet Service Provider’s or On-Line Provider’s products or Services.
This Agreement will remain in effect until terminated by either party or superseded by a revised Subscriber Agreement.
18. INTERPRETATION; SEVERABILITY
This Agreement is, and shall be interpreted as, subject to applicable law and regulation and to any applicable franchise agreement between a governmental authority and TDS except as explicitly stated in Section 15. “Arbitration.” 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 TDS to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.
I understand that my Services are being provided only to the location identified on my Work Order and that I am not allowed to transfer all or any portion of the Services, or TDS’s Equipment, to any other person, entity or location, including a new residence. I agree that I may not assign or transfer this Agreement. TDS 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; RESERVATION OF RIGHTS
This Agreement, the Work Order, and Acceptable Use Policy are subject to all applicable federal, state or local laws and regulations in effect in the relevant jurisdiction(s) in which I receive my Services. If any provision of this Agreement, the Work Order, or Acceptable Use Policy contravene or are in conflict with any such law or regulation, or if I am entitled to more favorable rights under any such law or regulation than are set forth in any provision in this Agreement, the Work Order, or Acceptable Use Policy, then the terms of such law or regulation, or the rights to which I am entitled under such law or regulation, shall take priority over the relevant provision of this Agreement, the Work Order, or Acceptable Use Policy. If the relevant law or regulation applies to some but not all of my Service(s), then such law or regulation will take priority over the relevant provision of this Agreement, the Work Order, or Acceptable Use Policy only for purposes of those Service(s) to which the law or regulation applies. Except as explicitly stated in this Agreement, nothing contained in this Agreement shall constitute a waiver by me or TDS of any rights under applicable laws or regulations pertaining to the installation, operation, maintenance or removal of the Services, facilities or equipment.
23. PARENTAL CONTROL DEVICE
I acknowledge that I have been advised of the availability of TDS’s parental control device which can filter or block certain TV programming. Additional information about the device is available at the TDS contact number in the Subscriber Materials.
24. CONFLICTING TERMS
In the event of a conflict in terms and conditions this Agreement and the Work Order, then the terms and conditions of this Agreement shall control.
(a) “Acceptable Use Policy” refers to use of data/internet Services in regards to acceptable or unacceptable uses or activities of High Speed Data Services.
(b) “Agreement” means this Subscriber Agreement, as it may be amended from time to time by TDS.
(c) “Computer” means the personal computer(s) located at my location that will be used to access the High Speed Data Service, as specified on the accompanying Work Order.
(d) “DVR” means a set-top box or other device enabled with a digital TV recorder that is provided to me by TDS.
(e) “High Speed Data Service” means the online content, features, functions and Services (which may include Internet access) as provided over TDS’ system .
(f) “Me,” “My,” and “I” mean the account holder identified on the Work Order who is authorized by TDS to access and use the Ser-vices.
(g) “TDS Equipment” means any equipment provided by TDS to me including, but not limited to, wire, cable, cable conduit, splitters, junction boxes, converter boxes (also known as “set top” boxes), decoders, CableCARDTM, terminals, cable modems, voice-enabled cable modems (MTA), remote control units, and any other equipment or materials provided to me by TDS for use in connection with the receipt of Services. TDS Equipment does not include any Network Interface Card (“NIC”) installed in my Computer.
(i) “MTA” stands for multimedia terminal adapter which is a voice-enabled cable modem that is required for Voice Service.
(j) “Services” means any and all services provided to me by TDS, which may include Video Service, High Speed Data Service, Voice Service, and equipment based services such as digital TV recorder services.
(k) “Subscriber Materials” means the handbooks, manuals and other guide materials provided by TDS or any third party (including ISP or OLP) regarding use of the Services.
(l) “Tariff” refers to TDS’s price lists and could include any regulated service pricing and/or policies.
(m) “Video Service” means TV and/or audio programming services such as basic, standard, digital and premium services. It may also include services provided on a per-channel or per-program basis, pay-per-play, pay-per-view, or VOD. It is also generically referred to as cable or CATV service.
(n) “VOD” means TV on demand.
(o) “Voice Service” refers to a direct dialed voice communication service whereby voice communication is converted to Internet Protocol (“IP”). This service may be generically referred to as “voice over IP” or VOIP. This service provides users the ability to send and receive local and/or long distance calls and to access additional related features and functions through TDS’s communications network.
(p) “Work Order” means the TDS work order used to install, update, or commencement of my Services.